2. Agree to change your order

If you and your partner can agree on changing your court order, you do not have go to court to have a judge make a decision for you. But you still need to file documents with the court and get a new order based on your agreement.

The court then makes a consent order based on your agreement.

Fill out your forms to change child support

If you and your partner agree to change an order for child support only, you need to fill out:

• Form 15D: Consent Motion to Change Child Support, which sets out the new child support arrangements you and your partner agree to. You and your partner have to sign the form in front of a witness. You cannot witness each other’s signatures. Attach a copy of your existing order or agreement.

The form must also be signed by the assignee, if any. The assignee is the social service agency, such as Ontario Works or the Ontario Disability Support Program, that is receiving support payments because the person receiving support is on social assistance.

• Form 25: Draft Order, where you write the orders you want the court to make. Be specific about which terms of the existing order you’re asking to change.
• Support Deduction Order.
• Support Deduction Order Information Form.
• 2 self-addressed, stamped envelopes, one for each of you if you want your order mailed to you. Otherwise you can pick it up from the court or have it faxed to you.

You may each have to fill out a Form 13: Financial Statement and Form 13A: Certificate of Financial Disclosure unless you both agree not to. But, you and your partner may need to provide proof of income in some circumstances. For example, if there are special or extraordinary expenses.

Fill out your forms to change other orders

If you and your partner agree to change an order for child support and other things, like your spousal support order or your parenting order, you need to fill out:

• Form 15C: Consent Motion to Change, which sets out the new terms you and your partner agree to. You and your partner have to sign the form in front of a witness. You cannot witness each other’s signatures. Attach a copy of your existing order or agreement.

The form must also be signed by the assignee, if any. The assignee is the social service agency, such as Ontario Works or the Ontario Disability Support Program, that is receiving support payments because the person receiving support is on social assistance.

• Form 14B: Motion Form, that says “I am asking the court to make an order in accordance with the Form 15C, dated ______, which is filed with the court along with this motion form”.
• Form 25: Draft Order, where you write the orders you want the court to make. Be specific about which terms of the existing order you’re asking to change.
• 2 self-addressed, stamped envelopes, one for each of you if you want your order mailed to you. Otherwise you can pick it up from the court.

If you’re also agreeing to change decision-making responsibility or parenting time, you may need to fill out Form 35.1: Affidavit (decision-making responsibility, parenting time, contact). These used to be called custody and access. You have to answer some personal questions about your family situation and tell the court about your suggested parenting plan.

If you’re also agreeing to change support, you may need to fill out:

• Form 13: Financial Statement, where you give information about your finances such as your income, living expenses, and assets and debts.
• Form 13A: Certificate of Financial Disclosure, where you list all the documents that prove what you said in your financial statement.
• Support Deduction Order.
• Support Deduction Order Information Form.

Take your forms to court

Rule 1.1 Electronic filing and issuance of documents tells you how to file your documents. There is also a guide on how to file documents.

You can now file most family law forms and supporting documents online, including a motion to change. For more information on how to file online, read the question How do I file court forms for my family law case online? 

If you can’t use the online service or if you don’t want to file your forms or documents online, you can file them in person at the same level of court that made your court order. So, if the Superior Court of Justice made the order, you must go back to a Superior Court of Justice in the jurisdiction that your child currently lives to change it.

But before you file your documents, you must remove all financial account numbers and personal identifying information. You do this by blacking out information like:

• social insurance numbers
• bank account numbers
• credit card numbers
• account numbers for mortgages, lines of credit, and other loans

You must keep the original documents that shows this information. A judge might ask to see it.

Get your order

The court clerk gives your documents to a judge to review and make an order. You usually don’t need to see the judge because you and your partner are agreeing to the changes.

But, if the judge has questions for you or your partner, the court clerk will contact you with a court date or give you with a copy of the judge’s endorsement that sets out any other steps you or your partner have to take.