COVID-19 / Coronavirus: Varying child support or spousal support obligations

Gilbertson Davis LLPChild Support, Coronavirus, Custody and Access, Family Law, Spousal Support0 Comments

Given the recent COVID-19 crisis, the circumstances of many individuals may have changed. As a result, spouses or parents may be looking to vary their child support or spousal support obligations. In Ontario, you can file for or change child or spousal support through the court, or by a written agreement. By Motion to Change Where a party applies to the court to change child or spousal support, the moving party i.e. the party who brings the application, must show that there has been a change in material circumstances.  Such material circumstances may include a reduction in income of the paying spouse, loss of employment or evidence of undue hardship. Spousal Support Once a court makes a spousal support order, either spouse may  bring a motion to change to decrease or increase the  quantum of support.  A material change of circumstance may apply if one spouse subsequently remarries and therefore changes their income and … Read More