Motion to Change and Child Support

Changing Child Support

In a previous post I wrote about a motion to change. A person would start a court proceeding with a motion to change when they already have a separation agreement with an estranged or ex-spouse, but they want to change something that was agreed to. 

In Ontario, the law allows for a change if the payor has experienced a major change in circumstances, such as reduced income or debilitating health problem that prevents them from working as they used to.

Kevin Costner Case

In the recent decision in California, actor Kevin Costner apparently had a marriage contract signed before he married his estranged wife, Christine Baumgartner. In their divorce process, the two disagreed about the amount of child support he should continue paying for their three children. Earlier in the court process, a judge awarded the amount of US$129,000 on a temporary basis.

Recently, the pair returned to court to get a final decision. Ms. Baumgartner wanted US$161,592. In the end, the Santa Barbara, California judge reduced it on a final basis to US$63,000.

Though the laws are different from California to Ontario, this scenario is applicable to situations here. If you have a separation agreement, either party could take the other to court to change its terms if his or her situation has changed dramatically. As long as child support is payable, this is always a possibility. 

Photo credit: Alex Green

Calculating Child Support in Ontario

Calculating child support can range from straighthood to complex, depending on income sources and the type of parenting arrangement that you have. Child support amounts in a simple calculation are set out in the regulations to the Family Law Act and the Divorce Act. They are both called the Child Support Guidelines. Although they are are called, "Guidelines" in the name, they are the law because they are a regulation. Here's a link to a child support calculator for your reference.

If you'd like to chat about your particular situation, feel free to give me call or email.

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