Add card in the Child Support Modification

Aug 6th, 2022
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Got questions?

Below are some common questions from our customers that may provide you with the answer you're looking for. If you can't find an answer to your question, please don't hesitate to reach out to us.
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If a parent falls behind on their child support payments, they can ask to have the arrears lowered or forgiven due to financial hardship. To argue hardship successfully, the parent must show with sufficient, reliable documentation that they cannot, and will not ever, be able to pay their arrears.
Generally, changes in the recipient spouses living conditions, such as remarriage or new employment, will not result in a change in the Table amount of child support. This is because the payors obligation is to the child directly: children have a right to benefit from their parents financial means.
If you agree to change the amount of support If you and the other parent agree that you want to change a child support order, you will have to apply to make the change in the same court that made the original order. This is called bringing a motion to change.
The term undue hardship means that financial difficulties are making it very hard for the payor parent to pay the amount of child support set out in the Child Support Guidelines and the Government of Canadas child support tables.
They list the support owed based on annual income and number of children. For example, the support owed by a parent living in Ontario and earning $60,000 annually, with 2 children, will be $892/month. The support for a parent with an income of $100,000 and 2 children will be $1,416/month.
A court order can waive or reduce child support if the court finds that it would be unfair to require the paying parent to pay the full amount of child support.
If the support recipient agrees in writing to end the child support, the FRO will notify the support payor to stop paying the child support. If the support recipient does not respond to the FRO, the FRO may stop enforcing the child support payments.
You may be able to claim up to three years in the past for retroactive child support. It will be helpful if you have proof of when you requested child support and a reasonable explanation for why you did not seek support in court earlier.

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