Can Child Support and Spousal Support Be Changed After A Final Court Order in Ontario?

Can Child Support and Spousal Support Be Changed After A Final Court Order in Ontario?

Many clients want to know whether they can change the amount of child support or spousal support they have to pay in their family court order after their court order is made

final.

The answer is certainly “yes”.

Hi, my name is Thomas O’Malley.  I’m an experienced family lawyer in Durham Region and the GTA.

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Your child support payments can actually fluctuate or change each year if your annual income changes each year.  Your child support payments would increase if you make more money and decrease if you earn less money.

If you lose your job and get a lower paying position that is a reasonable-paying job compared to your previous job, you can lower your child support so that it is based on your annual income from your new job.

You must look at the Ontario Child Support Guidelines to see the exact amount of child support that you would pay.

You can end child support payments when your children are no longer attending college or university on a full-time basis.

In short, the amount of child support set out in a final court order is never really “final”.

However, you cannot purposely leave your job and take a lower-paying job that is below your earning ability and then pay child support based on your annual income from this lower-paying job.

The court would take the position that you are “under-employing” yourself or purposely earning less money than you could earn.  In this situation, the court would make you pay child support based on your annual income from your previous higher-paying job.

It is certainly more difficult to change the amount of spousal support you are paying.

You want to put a clause in your final family court order or separation agreement that the issue of spousal support can be reviewed in four or five years.  This can really make a difference in the future for you.

You can certainly have the spousal support changed when you retire.  However, you cannot retire early and decrease your spousal support payments when you still have an obligation to pay spousal support.

You can also change spousal support when you have to take a lower-paying job as a result of losing a job.  However, again, you cannot purposely earn less money when you still have a spousal support obligation. 

The court will again make you paying spousal support based on your income from your previous higher-paying job when you are earning less income than you actually can.

In fact, if your financial circumstances have changed, or you learn that the financial circumstances of your ex-spouse have changed, then prompt follow up with your family lawyer is advisable.

If you have any questions about your separation, divorce or family law case and you would like our help, feel free to contact on my Facebook law office page, that’s O’Malley Family Law, or call me at 905-434-8837 and I’ll point in you in the right direction. 

Click here to join my free Facebook GTA and Durham Region separation and divorce support group: GTA and Durham Region Separation and Divorce Support Group

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