How to apply for child support in Ontario

General Information

Set up or update child support in court

Set up or update child support in court following these steps.

 

If you are the parent or caregiver receiving child support

Follow these four steps:

Step 1 – Complete the court forms

You fill out one of the following forms, depending on whether you’re the one setting up child support or responding to the other parent or caregiver who is setting it up:

  • Form 8 – if you’re setting up child support
  • Form 10 – if you are responding to the other parent or caregiver who is setting up child support

To ask for the other parent or caregiver to pay for special expenses (e.g. orthodontics, prescription drugs, therapy or child care) for a child, you must also fill out Form 13A, Certificate of Financial Disclosure, along with one of the following:

  • Form 13 – if you’re looking for financial support only
  • Form 13.1 – if you’re looking for financial support and making a property claim

Step 2 – Make copies of your completed forms

Make three copies of each form:

  • one for the court
  • one for the other parent or caregiver
  • one for your own records

Step 3 – Submit your forms to the court

Submit your completed forms by mail or in person to the nearest family court to you.

Find a family court in your community.

Step 4 – Serve the other parent or caregiver

When you provide the other parent or caregiver copies of each form you submitted to the court, you are serving – legally notifying – them with notice that you are setting up child support or responding to their request to set it up.

To correctly serve your forms to the other parent or caregiver, you need another person (e.g. family member, friend, or professional process server) to actually deliver them.

This person will serve the copies to the other parent or caregiver in one of the following ways:

  • hand the copies to the lawyer for the other parent or caregiver
  • hand the copies to an adult who lives at the address of the other parent or caregiver, then mail a second set to the address
  • mail the copies to the other parent or caregiver with Form 6, Acknowledgement of Service for them to complete and return to you

If you are the parent or caregiver paying child support

You have three steps to follow:

Step 1 – Complete the court forms

You fill out one of the following forms, depending on whether you’re the one setting up child support or responding to the other parent or caregiver who is setting it up:

  • Form 8 – if you’re setting up child support
  • Form 10 – if you’re responding to the other parent or caregiver who is setting up child support

Then, complete Form 13A, Certificate of Financial Disclosure, and one of the following:

  • Form 13 – if your case includes a request for child or spousal support only
  • Form 13.1 – if your case includes a request for child or spousal support and property

These documents provide the court with information about your financial situation in order to determine how much child support should be paid.

Step 2 – Gather supporting documents

As the parent or caregiver paying child support, you must gather these three supporting documents to go with the forms:

  1. A copy of each personal income tax return filed with the Canada Revenue Agency (CRA) for the past three tax years, including receipts, invoices and other similar items that you used to complete your return.
  2. A copy of each Notice of Assessment and Notice of Re-assessment received from the CRA for the past three tax years.
    • you receive these notices to confirm the amount owing to you or by you
  3. Proof of income showing what you’ve earned this year, such as:
    • a letter from your employer
    • a letter from a government income- support program or
    • income statement from:
    • employment insurance
    • social assistance
    • a pension
    • workers compensation disability payments

Additional information may also be required from the past three tax years if you are:

  • self-employed, you must include:
    • the financial statements of your business or professional practice, other than a partnership
    • a statement showing a breakdown of all salaries, wages, management fees or other payments or benefits paid to a person or corporation you have a close relationship with (e.g., family member or affiliate)
  • a partner in a business, you must include:
    • confirmation of your income, salary from and investment in the partnership
  • in control of a corporation (e.g. the majority shareholder), you must include:
    • the financial statements of the corporation and its subsidiaries
    • a statement showing a breakdown of all salaries, wages, management fees or other payments or benefits paid to a person or corporation you have a close relationship with (e.g. family member or affiliate)
  • a beneficiary under a trust (e.g. you’re entitled to money from a trust fund),you must include:
    • a copy of the trust settlement agreement and copies of the trust’s three most recent financial statements
  • unemployed (within the last three years), you must include:
    • a copy of your Record of Employment, or other evidence that you are no longer employed (e.g. letter of resignation or termination letter from your previous employer)
    • a statement of any benefits or income that you are still entitled to receive from your former employer (e.g. severance)

Step 3 – Serve the other parent or caregiver

You need to give a copy of all the forms and documents that you submit to the court to the other parent or caregiver. To correctly serve your forms to the other parent or caregiver, you need another person (e.g. family member, friend, or process server) to actually deliver them.

This person will serve the copies to the other parent or caregiver in one of the following ways:

  • hand the copies to the lawyer for the other parent or caregiver
  • hand the copies to an adult who lives at the address of the other parent or caregiver, then mail a second set to the address
  • mail the copies to the other parent or caregiver with Form 6, Acknowledgement of Service for them to complete and return to you

Update or end child support in court

To update or end child support in court you must complete and submit court forms to request a change to your current order or agreement. The forms you complete will depend on whether the other parent or caregiver agrees to the change.


If the other parent or caregiver agrees to the change

Follow these steps:

  1. Complete the following forms:
  2. Submit your completed forms by mail or in person to the nearest family court to you.Find a family court in your community.
  3. Wait for judge’s decision.Once you file these documents at the court, a judge will review them and do one of the following:
    • approve your request to change child support
    • ask you and the other parent or caregiver to provide more information or appear in court to discuss the situation further

If the other parent or caregiver does not agree to the change

Follow these steps:

  1. Complete the following forms:
    • Form 15, to request a change without the consent of the other parent or caregiver
    • Form 15A, a change information form

    Then, complete Form 13A, Certificate of Financial Disclosure and one of the following:

    • Form 13 – if your case includes a request for child or spousal support only
    • Form 13.1 – if your case includes a request for child or spousal support and property

    These documents provide the court with information about your financial situation in order to determine how much child support should be paid.

  1. Submit your completed forms by mail or in person to the nearest family court to you.Find a family court in your community.
  1. Serve copies of the forms to the other parent or caregiver.

You need to give a copy of all the forms and documents that you submit to the court to the other parent or caregiver.

To correctly serve your forms to the other parent or caregiver, you need another person (e.g. family member, friend, or process server) to actually deliver them.

This person will serve the copies to the other parent or caregiver in one of the following ways:

  • hand the copies to the lawyer for the other parent or caregiver
  • hand the copies to an adult who lives at the address of the other parent or caregiver, then mail a second set to the address
  • mail the copies to the other parent or caregiver with Form 6, Acknowledgement of Service for them to complete and return to you

If you fear for your safety or the safety or any friend or family member who could serve the forms, you may ask one of the court staff to arrange to have your forms served for you.

Source: Ontario Official Website

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