This is interesting and exciting! You can now set up or vary child support online. The Ministry of the Attorney General (Ontario) has launched a do-it-yourself online Child Support Service, which looks promising.
I normally refuse cases involving variations of support because regardless of whether it is to increase or decrease support, it’s impossible to do it cost effectively for the client. With lawyer hourly rates of $200 to $500 per hour (and more), how on Earth can one justify spending thousands upon thousands of dollars in legal fees if for example you may only receive $150 per month more in child support? Now you can process the matter yourself for only an $80 fee.
You have to be living separately to use this service, and the children have to be with one parent at least sixty percent of the time. This excludes shared and split custody situations, which are more complicated. The person seeking child support for the first time or an increase in support initiates the process, and the payor spouse is notified by mail with 25 days to respond. Proof of income is submitted by both parties, and then a Notice of Calculation or Recalculation is sent to them. This document advises of the new child support amount, which is automatically enforced by the Family Responsibility Office (FRO). That is, it will be deducted by the FRO from the payor’s wages and sent to the recipient spouse. This process can also be used by a support payor seeking a reduction of child support.
If this is the first child support requested (not a variation of an old amount), the payor can refuse the online process and require the matter to be dealt with in Court or by negotiation of a separation agreement (this is work The New Family Law Center can help you with). If the payor spouse does not respond at all, the Ministry may recalculate the child support amount based solely on the income information provided by the other parent or caregiver. This in itself is very good news.
To get started, click here to get to the Ministry’s online service, or click on the button below.
* Please note that you cannot set up or update child support online if:
- either parent, or any of the children, live outside of Ontario
- any children are over 17 1/2 years old or are married
- there is split or shared custody of the child or children (this means each spouse has a child with them, or the kids are with each spouse at least 40% of the time)
- the parent or caregiver who currently pays or will pay for child support:
- is self-employed
- earns more than $150,000 or less than $10,800 annually
- earns income in cash
- is a partner or majority shareholder of a business, or
- earns most of their income as a landlord or seasonal worker (e.g., employed in snow removal, fishing or landscaping)