Set up or update child support through a written agreement

How to set up or update child support through a private written agreement – without going to court.

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Set up child support in a written agreement

A written agreement (or domestic contract) can cover:

• child support
• parenting arrangements
• spousal support and other financial commitments agreed to by you and the other parent or caregiver

It must be signed by you and the other parent or caregiver in front of a witness.

You can write an agreement with the help of one of the following:

• a lawyer
  • find one through the Law Society of Ontario’s referral service
  • if you can’t afford a lawyer, find out if you qualify for legal aid
  • professionals ( e.g. psychologist, social worker) who work out of their own offices and in courthouses, offering services at low or no cost

  Contact a mediator

  You can contact a mediator yourself to find out about services, costs and locations.

  Update child support in a written agreement

  You can update the original written agreement to change the terms of child support. There are two ways to do this:

  1. Work with the other parent or caregiver to reach a new agreement with the help of a lawyer or mediator.
  2. If you and the other parent or caregiver can’t agree to the changes, you can go to court to ask for the change to be made. To do this:
     • make a copy of the updated written agreement
     • fill out an affidavit (Form 26B) that shows the date and time the agreement is being submitted to the court – and by whom
       • you’ll see affidavit for filing domestic contract or paternity agreement with court, and a line for the date, in top right corner
     • submit both the updated agreement and the affidavit to the nearest courthouse

  Find the nearest courthouse to file your updated written agreement and affidavit.

  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:
     • Form 15D to confirm that both you and the other parent or caregiver consent to the change
       • it must be signed by you and the other parent or caregiver
     • Form 15Cif you want to change more than child support ( e.g. spousal support or parenting arrangements)
       • it must be signed by you and the other parent or caregiver
       • draft order (Form 25) that you are asking the judge to approve make five copies of this form to submit to the court
  1. Submit your completed forms by mail or in person to the nearest family court to you. Find a family court in your community.
  2. 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

  • 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.
  2. 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.