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You and your partner agree on changes to child support

If you and your partner agree to change an order or separation agreement that has been filed with the court for child support only, you need to fill out:

If your child support or spousal support payments go through a social services agency, such as Ontario Works (OW) or the Ontario Disability Support Program (ODSP), you may have to serve the Ministry of Community and Social Services. Serve your documents on the Ministry of Community and Social Services below explains how to do this.

You must file your completed documents at the courthouse. The court clerk gives them to a judge to review and make an order.

Usually you do not need to see the judge unless they need more information from you. This is because you and your partner both agree to the changes.

The court clerk sends a certified copy of the signed order to you and your partner in the stamped envelopes you gave. They can also fax it to you, or call you to pick it up, if that’s what you prefer.

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

If you’re successful in changing your order for support, the court sends your Support Deduction Order Information Form and the Support Deduction Order to the Family Responsibility Office (FRO). The FRO will enforce the new support order.

Serve your documents

Rule 6: Service of documents tells you how to serve your partner and any other people or agencies you have to serve.

Documents can be served in 2 ways – by special service or by regular service. The Family Law Rules tell you which way you have to serve your documents at each step in the court process.

You can usually serve your partner yourself, or get a family member or friend who is at least 18 years old or a professional process server to do it for you.

Special service

To serve your documents by special service means you, a family member or friend who is at least 18 years old or a professional process server must do one of the following:

  • give a copy to your partner directly, but you can't be the one to do this
  • leave a copy with your partner’s lawyer
  • mail a copy to your partner, but your partner must send back a special form to confirm they received the document
  • leave a copy in an envelope addressed to your partner at your partner’s home with any adult living with your partner, and then mail a copy of the documents to that address within one day

Special service is usually used for documents that start the case or documents that could lead to the person being served going to jail.

Regular Service

To serve your documents by regular service means you, a family member or friend who is at least 18 years old or a professional process server, must do one of the following:

  • mail a copy to your partner or their lawyer
  • courier a copy to your partner or their lawyer
  • fax a copy to your partner or their lawyer
  • serve a copy by special service

The following documents can only be served by special service:

  • an Application
  • a motion to change
  • a summons to witness
  • a notice of contempt motion
  • a notice of motion or notice of default hearing where the person to be served faces a possibility of jail

6B: Affidavit of Service

After your documents are served, you, or whoever served the documents, must fill out Form 6B: Affidavit of Service. This can be done at the court counter, with the help of the court clerk.

Form 6B asks for:

  • the name of the person who served the documents
  • the name of the person or agency that was served
  • when the documents were served (day, month, and year)
  • where the documents were served (house number, apartment number, street name, city, and province)
  • what documents were served (Application, Answer, Reply, notice of motion)
  • how the documents were served (personally, at place of residence, by regular mail, courier, or fax)

This form must be sworn or affirmed. This means the person signing it is promising that the information in it is true. It is against the law to not tell the truth when swearing or affirming an affidavit.

Form 6B proves that your partner got a copy of your documents and knows that they have to respond to them.

More information on serving documents can be found in the Ministry of Attorney General’s A Guide to Family Procedures, Part 6: Serving Documents.

Safety issues

If you fear for your safety or the safety of any friend or family member when serving documents, you can ask the court staff to arrange for your documents to be served.

Serve your documents on the Ministry of Community and Social Services

If your child support or spousal support payments go through a social services agency, such as Ontario Works (OW) or the Ontario Disability Support Program (ODSP), it means your support is paid or assigned to the agency. The social service agency is called the assignee. Your support payments go directly to OW or ODSP, and they pay you the full amount of social assistance even when support is not paid.

If this is your situation, you must include the agency in the court process and in any agreements you make to change your support order.

If you do not serve the agency or get its consent, the agency can ask the court to set aside the new order that you get. The court can also order costs against you. This means that you may have to pay some of the agency’s costs for asking the court to set aside the order.

To find out if your support is assigned, fill out a Confirmation of Assignment form and fax or mail it to the Ministry of Community and Social Services.

Your form is processed within 3 working days, then mailed or faxed back to you. If your support order is assigned, it will tell you which agency has to be served.

You serve your documents on an agency the same way you serve your partner. See Serve your documents to learn how to do this.