Changing Child Support in Ontario
Varying Support Based on a Change in Circumstances
Once a final support order has been made by the courts, it is possible to vary that order if there has been a change in circumstances.
Section 14 of the Child Support Guidelines indicates that a variation order can be made if there has been any change in circumstances that would result in a different child support order. The most common change is to the payor parent’s income, which will result in the amount of support being adjusted to the Table amount applicable for that new income.
Other changes in circumstances include a move by the custodial parent that has increased the cost of the other parent’s parenting time with the child, or if the child has withdrawn from parental control, finished a post-secondary degree, or begun spending 40% or more time with the support-paying parent.
Remarriage, New Employment & Child Support Variations
Generally, changes in the recipient spouse’s 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 payor’s obligation is to the child directly: children have a right to benefit from their parents’ financial means. The circumstances of another parent do not affect that right. However, if the recipient spouse’s income increases, this may affect the apportioning of the section 7 expenses, which are divided in proportion with the parents’ incomes.
Even if the spouse receiving the child support moves in with a new partner who is willing and able to support the children, courts in Ontario have held that the support payor remains obligated to pay support for the children.
If the spouses have an agreement in place that specifies an amount of support, and that amount is not in accordance with the Guidelines, either spouse can apply to vary the amount. The court may then make an order for support that mirrors the Guidelines, regardless of what the parties previously agreed to.
Contact an Ontario child support lawyer at (905) 581-7222 to learn more about variations and how Feldstein Family Law Group P.C. can help.
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Over a Century of Collective Experience
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Andrew Feldstein FounderRead BioAndrew Feldstein graduated from Osgoode Hall Law School in 1992. Prior to focusing exclusively on family law, Andrew’s legal practice covered many different areas, including corporate commercial. One of Andrew’s fundamental objectives is to achieve those goals mutually and collaboratively, as set out by him and his client.
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Daphna Schwartz LawyerRead Bio
Daphna Schwartz joined Feldstein Family Law Group, P.C. in 2007 as an associate lawyer. She was previously practising family law in the Barrie area. Her practice includes all areas of divorce and family law, including custody and access, child support, spousal support, and property issues. Daphna is also qualified to practise Collaborative Family Law.
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Anna Troitschanski LawyerRead Bio
Anna Troitschanski joined the team at Feldstein Family Law Group, P.C. in 2012. Prior to that, she practised Family Law at a boutique Newmarket firm. Her experience covers all areas of divorce and family law, including custody and access, child support, spousal support, division of property, and alternative dispute resolution.
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Nick Slinko LawyerRead Bio
Nick Slinko attended York University from 2003-2007 where he majored in both Law & Society and Philosophy. Nick graduated in 2007 with an Honours Bachelor of Arts degree. He proceeded to earn a Juris Doctor in Law at the University of Western Ontario in 2011. Nick was Called to the Bar in June of 2012 after completing his Articling term.
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Veronica Yeung LawyerRead Bio
Veronica Yeung joined the Feldstein Family Law Group, P.C. as a summer student in 2014 and returned as an articling student in 2015. Following her call to the Ontario Bar in June 2016, Veronica was welcomed to the team as an associate lawyer. Veronica attended York University for her undergraduate studies and was on the Dean’s Honour Roll.
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Shana Gordon-Katz LawyerRead Bio
Shana joined Feldstein Family Law Group P.C. as an articling student in 2017. Following her call to the Ontario Bar in June 2018, Shana was welcomed back to the firm as an associate. While completing her articles, Shana assisted with legal matters covering all areas of family law. Shana attended the University of Western Ontario.
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Rachel Zweig LawyerRead Bio
Rachel joined Feldstein Family Law Group P.C as a Summer Student in 2019 and returned as an Articling Student in 2020-2021. Following her Call to the Ontario Bar in April 2021, Rachel was welcomed back to the firm as an Associate. Rachel completed her legal studies and obtained her Juris Doctor at the University of Ottawa.
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Lauren Harvey Associate LawyerRead Bio
Lauren joined Feldstein Family Law Group as a Summer Student in 2020 and returned as an Articling Student in 2021-2022. Following her Call to the Ontario Bar in April 2022, Lauren was welcomed back to the firm as an Associate. Laura completed her legal studies and obtained her Juris Doctor at the University of Western Ontario.
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Quinn Held Associate LawyerRead Bio
Quinn spent two years as a Summer Student and then completed her Articling term at a boutique Family Law firm in Orangeville, where she was exposed to various complex Family Law matters. Following her Call to the Bar of Ontario in June 2022, she became an Associate with the Feldstein Family Law Group.
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Kyla Johnson Associate LawyerRead Bio
Kyla joined Feldstein Family Law Group P.C as an Articling Student in 2023. Following her Call to the Ontario Bar in April 2024, Kyla joined the team as an Associate. Prior to completing her legal studies and obtaining her Juris Doctor at the University of Ottawa, Kyla graduated from Queens University with a Bachelor of Arts with Honors.
