If you have a court order or agreement in place for decision making responsibility or support in Ontario, you may wonder if it is possible to change the terms of the order or agreement. In some cases, you may be able to seek a modification of the existing order or agreement.
This article explores the process for changing decision-making responsibility or support orders in Ontario.
Can I Change a Decision-Making Responsibility or Support Order?
Yes, it is possible to change a decision-making responsibility or support order in Ontario, but the process for doing so will depend on your specific circumstances.
Decision Making Responsibility Orders
If you have a decision-making responsibility order in place and you want to make changes to it, you will need to show that there has been a significant change in circumstances since the original order was made. Some examples of significant changes in circumstances could include:
- A change in the needs of the child
- A change in the ability of the parents to care for the child
- A change in the living arrangements of the child or either parent
- A change in the relationship between the child and either parent
- A change in the availability of one or both parents to care for the child
If you believe that a significant change in circumstances has occurred, you may be able to bring an motion to the court to have the decision-making responsibility order changed. It is important to note that the court will always prioritize the best interests of the child when making decisions about decision making responsibility.
Support Orders
If you have a support order in place and you want to make changes to it, you will need to show that there has been a significant change in circumstances since the original order was made. Some examples of significant changes in circumstances could include:
- A change in the income of either party
- A change in the living arrangements of the child or either parent
- A change in the needs of the child
- A change in the ability of the payor to pay support
If you believe that a significant change in circumstances has occurred, you may be able to bring an application to the court to have the support order changed. The court will consider a variety of factors when making decisions about support, including the income of each party, the needs of the child, and the standard of living the child had during the relationship.
It is important to note that simply not wanting to pay support or disagreeing with the terms of the original order is not enough to justify a change in the order. You will need to show that there has been a significant change in circumstances since the order was made
Conclusion
If you have a decision-making responsibility or support order in place and you want to make changes to it, it is possible to do so in Ontario. However, the process for making changes will depend on your specific circumstances and you will need to show that there has been a significant change in circumstances since the original order was made. It is important to speak with a family law lawyer to determine whether you have grounds to seek a modification of the existing order or agreement.
To discuss your concerns with a family law lawyer about making changes to support order, please contact us at 416-901-8331.
