Spousal Support PDF

Spousal support
Table of Contents
(I) What is spousal support? 9
1. Check if you meet the definition of "spouse"
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2. Figure out who is entitled to spousal support
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3. Calculate the amount of spousal support
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4. Check the guidelines for exceptions
Examples where the court may order the support payor to pay less:
Examples where the court may order the support payor to pay more:
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(II) How much spousal support must be paid? 14
1. Figure out how much you each make
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2. Get an idea of how much support and for how long
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4. Think about retroactive support
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(III) Can I get spousal support? 19
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2. Figure out if you're entitled to spousal support
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Examples where the court may order your partner to pay less:
Spousal support
Examples where the court may order your partner to pay more:
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5. Collect your spousal support
Paying taxes on the support you get
Your partner is not paying support on time
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(IV) Do I have to pay spousal support? 25
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2. Figure out if your partner is entitled to spousal support
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Examples where the court may order you to pay less:
Examples where the court may order you to pay more:
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5. Pay spousal support
Paying taxes on the support you pay
You are not paying support on time
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(V) My partner isn't paying spousal support. What should I do? 31
1. Talk to your partner
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2. Get help from a family law professional
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3. Get help from the Family Responsibility Office
You have a court order
You have a separation agreement
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4. Go to court
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(VI) What if my partner is paid in cash or is hiding money to
avoid paying spousal support? 36
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Spousal support
Hidden income
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2. Get evidence that your partner has more income
Working for cash
Unemployed or underemployed
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5. Ask the court to impute income
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(VII) When does spousal support end? How do I end it? 42
Time-limited and indefinite support
1. Check what your agreement or order says
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2. Figure out if there has been a significant change
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4. Contact the Family Responsibility Office
There is an end date
There is no end date
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5. Go to court to end spousal support
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(VIII) How is spousal support taxed? 49
You receive spousal support
You pay spousal support
Tax rules for child support
Check the amounts for spousal support and child support
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Spousal support
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Look for legal fees you can deduct from taxes
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Child support gets paid before spousal support
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(IX) What are the rules about getting spousal support and
financial assistance from Ontario Works? 53
Trying to get spousal support
Reporting spousal support payments
Applying for OW
1. Learn about family law and spousal support
Family law definition of “spouse”
What spousal support is and who pays it
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2. Learn the OW rules that say you must try to get spousal
support
What OW may ask you to do
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3. Learn about when you might not have to try to get spousal
support
If you can't find your spouse
Other reasons
When OW reviews their decision
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4. Learn about how to get spousal support
If you and your partner agree
If you and your partner don't agree
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5. Get legal help if you need it
Help getting spousal support
Help if you have a problem with OW
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(X) What are the rules about getting spousal support and income
support from the Ontario Disability Support Program? 60
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Spousal support

Applying for ODSP
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2. Learn the ODSP rules that say you must try to get spousal
support
What ODSP may ask you to do
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3. Learn about when you might not have to try to get spousal
support
Other reasons
When ODSP reviews their decision
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Help if you have a problem with ODSP
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(XI) What should we do if we agree on spousal support? 67
1. Agree on the terms of spousal support
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2. Make a separation agreement the court can enforce
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3. Get your own independent legal advice
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4. Sign your separation agreement
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5. Think about filing your separation agreement with the court
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Spousal support
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(XII) What should we do if we can't agree on spousal support? 73
Family law professionals
Go to court
Changing the process
1. Think about your options
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2. Start the ADR process
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3. Go to court
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(XIII) How do I change spousal support in my separation
agreement? 77
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2. Make a new separation agreement
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5. Go to court to change support
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(XIV) How do I change a court order for spousal support? 83
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2. Agree to change your court order
Take your forms to court
Get your order
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Spousal support

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(XV) How do I bring a motion to change spousal support? 89
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2. Fill out your court forms to start the motion
Give your partner a copy
File your documents
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3. Get your partner's response
Your partner agrees with you
Your partner does not agree with you
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4. Continue with the court process
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(XVI) How does the Family Responsibility Office enforce spousal
support? 95
Register with the FRO
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Make support payments through the FRO
Paying support through the FRO
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Get help from the FRO
You receive support
You pay support
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Avoid a default hearing or driver's licence suspension
Default hearing
Driver's licence suspension
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End payments through the FRO
Withdraw your case
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Spousal support
End support payments

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(XVII) I haven't paid spousal support. How do I get a refraining
order to stop the FRO from having my driver's licence
suspended? 101
1. Fill out your court forms
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2. Give your forms to the FRO
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3. Take your forms to court
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4. Confirm your court date
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5. Go to your court hearing
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Spousal support
(I) What is spousal support?

When you and your partner separate or divorce, you may get spousal support from your partner. Or,
you may have to pay spousal support to your partner.
Spousal support applies to partners who are married and to partners in a common-law relationship.
Partners can be same-sex.
Spousal support is paid by the partner who earns more to the partner who earns less. The person
who gets support is called the support recipient. The person who pays support is called the support
payor.
The purpose of spousal support is to:
• Recognize each partner's contributions to the relationship.
• Make things more even for a partner who lost out financially during the relationship. For
example, one partner may not have continued with their career so they could care for the
children and is not able to support themselves right away.
• Share the costs of caring for the children.
• Relieve financial hardship.
• Help a partner become able to support themselves. For example, by going to school to
upgrade their skills and get a job.
Spousal support is not automatic. You can only get it if you're entitled to it. And, even if you're
entitled to it, the law expects you to try to support yourself as soon as possible after separation.
You and your partner can try to reach an agreement about spousal support. If you can't agree, you
can get help from a family law professional or go to court and ask a judge to decide.
There are rules about spousal support and social assistance. Social assistance includes Ontario
Works and the Ontario Disibility Support Program.
You can talk to a lawyer who can help you understand what the law says about spousal support. If
you can't afford to hire a lawyer for your whole case, some lawyers provide "unbundled services" or
"limited scope retainer" services. This means you pay them to help you with part of your case.
If you can't afford to hire a lawyer at all, you may be able to find legal help in other places.
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Spousal support

You and your partner are spouses if you're married to each other or in a common-law relationship.
For the purpose of spousal support, a common-law relationship means you:
• cohabited, or lived together, as a couple for at least 3 years, or
• were in a relationship of "some permanence" for any length of time and had a child together.
Cohabiting means living together in a marriage-like relationship but without getting married. It is
often called "cohabitation" or "living common-law".
A court looks at these factors to decide if you're in a common-law relationship:
• Did you live together?
• Did you have sex?
• Did you do household chores for each other like cooking, cleaning, and laundry?
• Did you act as a couple socially?
• Did your friends, family, and community see you as a couple?
• Did one partner support the other financially?
• Did you combine your finances?
• Did you act as parents to each other's children?
Even if you and your partner did not live together for 3 years, you may still be spouses if you had a
child together and lived together in a relationship "of some permanence".
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Spousal Support
Canadian Bar Association Legal Health Check
10
Spousal support
2. Figure out who is entitled to spousal support

There are 3 ways to be entitled to spousal support. More than one of them may apply to your
situation:
1. You had responsibilities during the relationship, such as taking care of your children or
helping your partner build their career. Because of that you lost the chance to make your
own career. This is called "compensatory spousal support".
2. The breakdown of your relationship leaves you in need of support and your partner has
enough income and assets to pay support. This is called needs-based support or "non-
compensatory spousal support".
3. You and your partner have a cohabitation agreement, marriage contract, or some other
agreement that says if you separate, you will get spousal support. This is called
"contractual spousal support".
The court looks at factors like:
• how long you and your partner lived together
• if you have children together and who has been caring for them
• each partner's income
• each partner's overall financial situation
If you're entitled to spousal support, the law still expects you to try to support yourself as soon as
possible after separation. This is sometimes called the "duty to become self-sufficient".
Example:
When Sara and Abraham started living together, she was working as a nurse. She stayed home after
their 3 children were born and hasn't worked outside the home for 15 years. This allowed Abraham
to focus on his career as a teacher.
At separation, Sara has no income and assets in her own name. She needs to re-train to go back to
work as a nurse. Sara is entitled to spousal support on a compensatory basis, because she gave up a
career to stay home with the kids. She is also entitled to support on a needs basis. She has no way to
support herself while she goes back to school, and Abraham has enough money to support her.
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About Spousal Support
Department of Justice
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Spousal support

The amount of spousal support and how long it is paid depends on factors like:
• each partner's age
• the roles each partner had during the marriage
• each partner's mental and physical health
• the ability of each partner to support themselves
Support amounts are usually higher, and paid longer, where:
• there are big differences between the partners' incomes,
• they lived together for a long time, and
• they had children.
Amounts are smaller if there are smaller differences between the partners' incomes and their
relationships were shorter.
Courts use the Spousal Support Advisory Guidelines (SSAGs) to help them decide how much
spousal support should be paid and for how long. These are only guidelines, not laws. A judge can
order more or less support than what the guidelines say.
The SSAG formula calculates a range of low, middle, and high support amounts, as well as the
length of time spousal support might be paid. This can help you or a judge decide what amount of
spousal support is appropriate and for how long, depending on the facts of your case.
You need special software to calculate spousal support using the SSAGs. This free online calculator
can give you a rough idea but it only does simple calculations, and it only takes employment
income into account.
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Free online calculator
Mysupportcalculator.ca
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Spousal support

The Spousal Support Advisory Guidelines (SSAGs) list some exceptions. These are situations
where the guidelines may not apply or where the court may order a different amount of support than
what the guidelines say.
• The support payor makes less than $20,000 and paying spousal support would push them
into poverty.
• The support payor is responsible for other family debt. For example, they are paying the
mortgage until the property can be divided.
• The support payor is responsible for paying other large family debts until it can be divided.
• The support payor is paying child support for children from another relationship. Or, they
are paying spousal support to another former partner.
• The support payor doesn't have custody of their young child and was in a short relationship,
but plays a significant role in raising the child. The support payor would not be able to meet
the demands of parenting if they also had to pay spousal support.
• The support payor cannot deduct spousal support from their income for tax purposes
because they receive disability payments, workers' compensation, or income from an
overseas job.
• The support recipient has an illness or disability.
• The support recipient is caring for their child, who has special needs.
• The marriage was short and there were no children, but the support recipient did not
continue with their career to help the support payor build theirs.
• Child support takes priority over spousal support. This means if the support payor doesn't
make enough money to pay both, child support must be paid first. So, if the support payor is
paying less spousal support than the guidelines call for, they may have to pay it for longer.
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Spousal Support Advisory Guidelines
Department of Justice Canada
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Spousal support
(II) How much spousal support must be paid?

If you or your partner are entitled to spousal support, the amount of support and how long it is paid
depend on factors like:
And, the law expects the partner receiving support to try to support themselves as soon as possible
after separation. This is sometimes called the "duty to become self-sufficient".
spousal support should be paid and for how long. These are only guidelines, not laws.
The SSAGs use 2 different formulas. One is for partners who have no children together. The other
is for partners who have children together.
You and your partner can try to reach an agreement about spousal support. If you can't agree, you
can get help from a family law professional or go to court and ask a judge to decide.
You can talk to a lawyer who can help you understand what the law says about spousal support. If
you can't afford to hire a lawyer for your whole case, some lawyers provide "unbundled services" or
"limited scope retainer" services. This means you pay them to help you with part of your case.
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Spousal support

One of the most important factors used to calculate the amount of spousal support is the gross
annual income of each partner. Gross income means income before taxes and most other
deductions. There are two ways to find this amount:
1. Look at line 150 of the income tax return or notice of assessment from the Canada Revenue
Agency.
2. Look at pay stubs for a full year and add up the earnings before deductions.
You and your partner must share detailed information about all sources of income. This is called
financial disclosure. It can include:
• income tax returns and notices of assessment
• pay stubs or statements from employers
• financial statements of any business you own
• statements from employment insurance, social assistance, a pension, worker's compensation,
or disability payments
• proof of income from a trust
It's very important that you both share complete and honest information.
You can do this in many ways. For example, you could use a computer spreadsheet or a handwritten
document that has all your financial information including property, assets, and debts.
Or, you can fill out one of the financial statement court forms. Many people use these forms even if
they don't go to court. The forms can be useful because they show you what the court looks at when
deciding support. There are two forms:
1. Form 13: Financial Statement (Support Claims): Use this form if you or your partner are
asking only for child support, spousal support, or both child support and spousal support.
Don't use it if you need to divide property.
2. Form 13.1: Financial Statement (Property and Support Claims): Use this form if you or your
partner have to divide property. You and your partner may also be asking for support.
Sometimes financial documents do not show the whole picture of what a partner makes or could be
making. This can be because they are hiding income. In these situations, you can ask the judge to
impute income. This means asking the judge to decide that your partner earns more than they say or
can earn more.
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Spousal support
2. Get an idea of how much support and for how long

The SSAGs use 2 different formulas. One is for partners who have no children together. The other
is for partners who have children together.
The SSAG formulas calculate a range of low, middle, and high support amounts, as well as the
The SSAG formulas take many factors into account to calculate spousal support. These include:
• your birth date
• your partner's birth date
• your annual income
• your partner's annual income
• the birth dates of any children you have together
• how long you were married
• any other support obligations
If there is an order for both child support and spousal support, child support gets paid first. So if the
support payor does not earn enough to pay both child support and spousal support, they must pay
the full amount of child support first. Whatever is left goes to spousal support.
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Spousal support

what the guidelines day.
• The support payor makes less than $20,000 and paying spousal support would push them
into poverty.
• The support payor is responsible for other family debt. For example, they are paying the
• The support payor is responsible for paying other large family debts until it can be divided.
• The support payor is paying child support for children from another relationship. Or, they
are paying spousal support to another former partner.
• The support payor doesn't have custody of their young child and was in a short relationship,
but plays a significant role in raising the child. The support payor would not be able to meet
the demands of parenting if they also had to pay spousal support.
• The support payor cannot deduct spousal support from their income for tax purposes
because they receive disability payments, workers' compensation, or income from an
overseas job.
• The support recipient has an illness or disability.
• The support recipient is caring for their child, who has special needs.
• The marriage was short and there were no children, but the support recipient did not
continue with their career to help the support payor build theirs.
• Child support takes priority over spousal support. This means if the support payor doesn't
make enough money to pay both, child support must be paid first. So, if the support payor is
paying less spousal support than the guidelines call for, they may have to pay it for longer.
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Spousal support
4. Think about retroactive support

If you and your partner try to make a separation agreement without going to court but are not
successful, the support recipient can ask for retroactive support. This means asking the court to
decide on the amount of support and to order that it be back-dated.
Usually, a retroactive spousal support order can go back to the date that the support recipient gave
the support payor effective notice.
Effective notice is the date the support recipient told the support payor they should pay spousal
support. For example, you may have asked your partner for spousal support the day after you
separated. It's a good idea to ask for support in writing so that you have proof that you asked for it.
The court generally limits retroactive support to the past 3 years. It can be longer if the support
payor hid increases in income or ignored spousal support obligations.
The court looks at things like:
• Why was the application for support delayed?
• How did the support recipient look after themself?
• How has the support payor behaved during this time?
• Will awarding retroactive support cause hardship to the support payor?
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Spousal support
(III) Can I get spousal support?

When you and your partner separate or divorce, you may be entitled to get spousal support if your
partner's income is higher than yours*.* You're called the support recipient and your partner is
called the support payor.
Spousal support is not automatic. You can only get it if you're entitled to it. For example, if:
• You are leaving the relationship in a worse financial position than your partner.
• You did not continue with your career because you took care of the home and children,
which allowed your partner to build their career.
• You and your partner signed a contract that says you will get spousal support if your
relationship ends.
The amount of support and how long it is paid depend on things like:
• the roles each partner had during the marriage, for example if you stayed home to look after
the children
You can talk to a lawyer to help you understand what the law says about spousal support and if
you're entitled to it. If you can't afford to hire a lawyer for your whole case, some lawyers provide
"unbundled services" or "limited scope retainer" services. This means you pay them to help you
with part of your case.
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Spousal support

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Spousal support
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Spousal support
2. Figure out if you're entitled to spousal support

There are 3 ways to be entitled to spousal support. More than one of them may apply to your
situation:
1. You had responsibilities during the relationship, such as taking care of your children or
helping your partner build their career. Because of that you lost the chance to make your
2. The breakdown of your relationship leaves you in need of support and your partner has
enough income and assets to pay support. This is called needs-based support or "non-
3. You and your partner have a cohabitation agreement, marriage contract, or some other
agreement that says if you separate, you will get spousal support. This is called
"contractual spousal support".
If you're entitled to spousal support, the law still expects you to try to support yourself as soon as
possible after separation. This is sometimes called the "duty to become self-sufficient".
Example:
You May Also Need

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Spousal support

The amount of spousal support you can get and how long it is paid depends on factors like:
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Spousal support

Examples where the court may order your partner to pay less:
• Your partner makes less than $20,000 and paying spousal support would push them into
poverty.
• Your partner is responsible for other family debt. For example, they are paying the mortgage
until the property can be divided.
• Your partner is responsible for paying other large family debts until it can be divided.
• Your partner is paying child support for children from another relationship. Or, they are
paying spousal support to another former partner.
• Your partner doesn't have custody of your young child from your short relationship, but
plays a significant role in raising your child. Your partner would not be able to meet the
demands of parenting if they also had to pay spousal support.
• Your partner cannot deduct spousal support from their income for tax purposes because they
receive disability payments, workers' compensation, or income from an overseas job.
Examples where the court may order your partner to pay more:
• You have an illness or disability.
• You are caring for your child, who has special needs.
• Your marriage was short and you had no children, but you did not continue with your career
to help your partner build theirs.
• Child support takes priority over spousal support. This means if your partner doesn't make
enough money to pay both, they must pay child support first. If your partner is paying less
spousal support than the guidelines call for, they may have to pay it for longer.
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Spousal support
5. Collect your spousal support

Usually spousal support is paid each month. In some cases, you can get one payment, called a
"lump-sum" payment.
Support can be for a set period of time or it may not have an end date. This depends on the facts of
your situation.
You can get your spousal support payments in:
• cash
• cheque or money order
• direct deposit
• interac e-transfer
It's a good idea to keep a record of all the spousal support payments you receive. For example, each
time you receive a payment, write a receipt for your partner, and sign and date it. Keep a copy for
yourself.
Paying taxes on the support you get

If you have a separation agreement or court order that says you get monthly spousal support
payments, you must pay income tax on the support you receive. Your partner can claim a tax
deduction for making monthly spousal support payments.
If you get your spousal support all at once in a lump-sum, you do not pay taxes on it. Your partner
cannot claim a tax deduction for making the spousal support payment.
Your partner is not paying support on time

If your partner misses payments, you can get help from the Family Responsibility Office (FRO).
The FRO is a government agency that collects support directly from the person who has to pay
support, keeps a record of the amounts paid, and then pays that amount to the person who has to get
support.
If you have a court order, the court automatically sends the order to FRO for enforcement. If you
have a separation agreement, it must be filed with the court and registered with the FRO for
enforcement.
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Enforcement Action
The Family Responsibility Office
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Spousal support
(IV) Do I have to pay spousal support?

When you and your partner separate or divorce, you may have to pay spousal support to your
partner if your income is higher. You're called the support payor and your partner is called the
support recipient.
Spousal support is not automatic. Your partner must be entitled to it. For example, if:
• Your partner is leaving the relationship in a worse financial position than you.
• Your partner did not continue with their career because they took care of the home and
children, which allowed you to build your career.
• You and your partner signed a contract that says you will pay spousal support if your
relationship ends.
If your partner is entitled to spousal support, the amount you pay and how long you pay it depend
on things like:
• the roles each partner had during the marriage, for example if you were the main income
earner
You can talk to a lawyer to help you understand what the law says about spousal support and if
you're responsible for paying it. If you can't afford to hire a lawyer for your whole case, some
lawyers provide "unbundled services" or "limited scope retainer" services. This means you pay
them to help you with part of your case.
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Spousal support

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Spousal Support
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Spousal support
2. Figure out if your partner is entitled to spousal support

There are 3 ways your partner can be entitled to spousal support. More than one of them may apply
to your situation:
1. Your partner had responsibilities during the relationship, such as taking care of your children
or helping you build your career. Because of that your partner lost the chance to make their
2. The breakdown of your relationship leaves your partner in need and you have enough
income and assets to pay spousal support. This is called needs-based support or "non-
3. You and your partner have a cohabitation agreement, marriage contract, or other agreement
that says if you separate, you will pay spousal support. This is called "contractual spousal
support".
Even if your partner is entitled to spousal support, the law expects them to try to become self-
supporting as soon as possible after separation. This is sometimes called a "duty to become self-
sufficient".
Example:
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Spousal support

If your partner is entitled to spousal support, the amount you pay and how long you pay depends on
factors like:
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Spousal support

Examples where the court may order you to pay less:

• You make less than $20,000 and paying spousal support would push you into poverty.
• You are responsible for other family debt. For example, you have to keep paying the
• You are responsible for paying other large family debts until it can be divided.
• You are paying child support for children from another relationship. Or, you are paying
spousal support to another former partner.
• You have a young child from a short relationship with your partner. Although you do not
have custody, you play a significant role in raising your child. Paying spousal support would
mean that you are not able to meet the demands of parenting.
• You cannot deduct spousal support from your income for tax purposes because you receive
disability payments, workers' compensation, or income from an overseas job.
Examples where the court may order you to pay more:

• Your partner has an illness or disability.
• Your partner is caring for your child, who has special needs.
• Your marriage was short and you had no children, but your partner did not continue with
their career to help you build yours.
• Child support takes priority over spousal support. This means if you don't make enough
money to pay both, you must pay child support first. If you are paying less spousal support
than the guidelines call for, you may have to pay it for longer.
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Spousal support
5. Pay spousal support

Usually spousal support is paid each month. In some cases, you can make one payment, called a
"lump-sum" payment.
Support can be for a set period of time or it may not have an end date. This depends on the facts of
your situation.
You can make spousal support payments by:
• cash
• cheque or money order
• direct deposit
• interac e-transfer
It's a good idea to keep a record of all the spousal support payments you make. For example, if you
pay by cheque, keep a copy of the cancelled cheque each time you make a payment.
Paying taxes on the support you pay

If you have a separation agreement or court order that says you pay monthly spousal support, you
can deduct the amount you pay on your income taxes. Your partner must pay income tax on the
monthly spousal support they receive.
If you pay spousal support all at once in a lump-sum, you cannot claim it as a deduction. And, your
partner is not taxed on the one-time support payment they receive.
You are not paying support on time

If you miss payments, your partner can get help from the Family Responsibility Office (FRO).
support.
If you have a court order, the court automatically sends the order to FRO for enforcement. If you
have a separation agreement, it must be filed with the court and registered with the FRO for
enforcement.
You May Also Need

Enforcement Action
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Spousal support
(V) My partner isn't paying spousal support. What should I do?

Even if you have a separation agreement or court order about spousal support, sometimes the
support payor does not follow it.
The court can enforce spousal support payments in a:
• court order
• separation agreement that is binding and enforceable under the law
The Family Responsibility Office (FRO) can also enforce spousal support payments if there is a:
• court order
• separation agreement that is filed with the court and registered with the FRO for
enforcement
support.
The FRO can help collect money from a support payor who lives in Canada, any state in the United
States, and about 30 other countries that Ontario has an agreement with. These are known as
reciprocating jurisdictions.
If Ontario doesn't have an agreement with the country where the support payor lives, the FRO
cannot help you collect support. You will have to use the laws of the country where the payor lives.
A lawyer may be able to help you do this.
You can talk to a lawyer who can review your documents and your situation to advise you on what
to do. If you can't afford to hire a lawyer, you may be able to find legal help in other places.
31
Spousal support

You can try talking to your partner about why they are not paying spousal support. You can talk to
your partner on your own or with the help of a lawyer or mediator.
You may also be able to speak to someone your partner respects and trusts. This could be a family
member, a friend, a colleague, or a religious advisor.
Talking to your partner may not be an option where there is a history of partner abuse.
You May Also Need

Spousal support
32
Spousal support

If you and your partner need help to talk about why one of you is not following your separation
agreement or court order, you can get help from a family law professional. These are neutral people
who are trained to work with both of you to help you reach an agreement or make a decision for
you.
Family law professionals can work in:
• mediation
• arbitration
• mediation-arbitration
• collaborative family law
All of these processes are sometimes called alternative dispute resolution (ADR). They help solve
your issues without going to court. Deciding which process is best for you depends on the facts of
your situation and what you want. For example, a mediator doesn't make decisions for you, but an
arbitrator does.
Your separation agreement or court order might even require that you first try a process like
mediation to work out your issues before taking any further steps like going to court.
Some of the reasons to use ADR instead of going to court are:
• You have more control over what happens to your case.
• It can be faster and cheaper.
• It can be less stressful.
• It takes place in a private setting.
But, there are some situations where it may be better not to use ADR, such as:
• There is a history of family violence, mental illness, or drug abuse.
• You can't talk to your partner.
• You can't work cooperatively with your partner.
Each family court location in Ontario offers subsidized mediation services. You can get up to 8
hours of mediation for a fee that is based on each person's income. You can use this service whether
or not your have a court case. And if you have a court case, you can get up to 2 hours of mediation
for free at the court.
You can also find mediators who offer their services at lower rates through JusticeNet. JusticeNet is
a not-for-profit that helps people in Ontario whose income is too high to get legal aid and too low to
afford standard legal fees.
You May Also Need

Breaking up: without court
33
Spousal support
3. Get help from the Family Responsibility Office

If you and your partner cannot agree on how to deal with missed payments, you can get help from
the Family Responsibility Office (FRO).
The FRO can take action to enforce support. For example, the FRO can take money from the
support payor's bank account, suspend their driver's licence, or start a court case that can put them
in jail.

If you have a court order, the court automatically sends the order, the Support Deduction Order
Information Form, and the Support Deduction Order to the FRO.
The FRO writes to the support payor's employer or any other place where they receive income. The
FRO tells the employer to deduct spousal support from the payor's cheque and send it to the FRO.
The FRO then sends the money to partner receiving support.

Some people make a separation agreement without going to court and later need help enforcing it.
To get the FRO to enforce your separation agreement, you must:
1. Attach your most current separation agreement to a
Form 26B: Affidavit for Filing Domestic Contract or Paternity Agreement.
1. Take it to [[https://stepstojustice.ca/node/112842][the local
courthouse]]. You can file your agreement only at the Ontario Court of Justice or the Family Court
branch of the Superior Court of Justice. You cannot file your agreement at other locations of the
Superior Court of Justice.
1. Register it with the FRO.
You May Also Need

Registration Package
34
Spousal support
4. Go to court
Some people decide not to use the Family Responsibility Office (FRO) to enforce support for them.
They decide to go to court themselves to enforce their separation agreement or court order.
You can ask the court to do things like:
• Take money from your partner's bank accounts.
• Take money from your partner's retirement savings.
• Take money from your partner's wages or other income.
• Register the support order as a "charge" against your partner's property. This means they
can't sell it or transfer ownership until they pay any support owing.
• Take your partner's employer to court for not following a Support Deduction Order.
• Start a default hearing.
These are all things the FRO can do for you at no cost.
If you decide to do it yourself, you need to make a court application by filling out some forms. This
tells the judge why you should get the help you're asking for.
The forms you fill out depend on the type of help you want. For example, if you want to take money
from your partner's wages, you need to fill out a notice of garnishment.
You can talk to a lawyer to help you understand the different ways you can enforce your rights. If
you can't afford to hire a lawyer for your whole case, some lawyers provide "unbundled" or "limited
scope" services. This means you pay them to help you with part of your case.
You May Also Need

Steps in a Family Law Case - Family Law Flowchart
CLEO (Community Legal Education Ontario)
35
Spousal support
(VI) What if my partner is paid in cash or is hiding money to avoid paying spousal support?
(VI) What if my partner is paid in cash or is hiding money to

avoid paying spousal support?
One of the most important factors used to calculate the amount of spousal support is the gross
annual income of each partner. Gross income means income before taxes and most other
deductions.
You and your partner must share detailed information about all sources of income. This includes
exchanging financial documents that show how much you make and where your income comes
from.
Hidden income
making. This can be because they:
• work for cash
• are not actively looking for a job
• are underemployed by only working part-time or in a low paying job
• are not reporting all their income
• are giving false information
• are self-employed and claiming deductions that are not true business expenses or keeping
money in their company that could be used for support
In these situations, you can ask the judge to impute income. This means asking the judge to decide
that your partner earns more than they say or can earn more.
A judge imputes income based on what the support payor is capable of earning or what the judge
thinks the support payor actually earns. The judge looks at things like their work history, past
income, education, lifestyle, and job opportunities.
36
Spousal support

You need to calculate your and your partner's gross annual income. Gross income means income
before taxes and most other deductions. There are two ways to find this amount:
1. Look at line 150 of the income tax return or notice of assessment from the Canada Revenue
Agency.
2. Look at pay stubs for a full year and add up the earnings before deductions.
You and your partner must share detailed information about all sources of income. This is called
financial disclosure. It can include:
• income tax returns and notices of assessment
• pay stubs or statements from employers
• financial statements of any business you own
• statements from employment insurance, social assistance, a pension, or worker's
compensation
• proof of income from a trust
It's very important that you both share complete and honest information.
You can do this in many ways. For example, you could use a computer spreadsheet or a handwritten
document that has all your financial information including property, assets, and debts.
Or, you can fill out one of the financial statement court forms. Many people use these forms even if
they don't go to court. The forms can be useful because they show you what the court looks at when
deciding support. There are two forms:
1. Form 13: Financial Statement (Support Claims): Use this form if you or your partner are
asking only for child support, spousal support, or both child support and spousal support.
Don't use it if you need to divide property.
2. Form 13.1: Financial Statement (Property and Support Claims): Use this form if you or your
partner have to divide property. You and your partner may also be asking for support.
making. This can be because they are hiding income.
You May Also Need

37
Spousal support
2. Get evidence that your partner has more income

There are ways to prove that your partner is not being honest about their income.
You can look for evidence that your partner's lifestyle does not reflect what they say they make. For
example, the value of their car or home may be higher than they can afford on the income they say
they earn.
If there is financial disclosure, credit card and bank statements will show how much your partner is
actually spending each month and what they buy.
If your partner is self-employed or owns their own business, copies of their financial statements will
show the kinds of deductions they make.
You can also hire a private investigator to follow your partner and collect evidence that shows they
work on a regular basis.
Working for cash

When you were living together, your partner may have been working for cash and putting the
money in a separate bank account. You can try to get copies of those bank statements. Or, you may
have copies of old bank statements.
If the cash income was used to pay for renovations to the house or for family vacations, get receipts
to prove this. This shows you were able to pay for things that would not have been possible with
just the income shown on your tax returns.
Unemployed or underemployed
Your partner may quit their job, take another job at a lower pay, or work part-time even though full-
time work is available.
If you think your partner is unemployed or underemployed on purpose, look for employment ads
related to their type of work in the newspaper or online. Or, you can ask others in the same type of
work about job opportunities that exist. This shows there are opportunities for your partner to work
more.
You May Also Need

38
Spousal support

You and your partner can try to agree on how much you each earn. You can talk to your partner on
your own, with the help of someone you both trust, or with the help of a lawyer or mediator.
If you know your partner works for cash or is unemployed or underemployed on purpose, talk to
them about this. Tell them about the evidence you gathered.
Tell them if they are not honest you will ask the court to impute income. This means asking the
judge to decide that your partner earns more than they say or can earn more.
Also try to agree on a way to get updated information about each other's income each year. You can
agree to send each other copies of your most recent income tax return or notice of assessment every
year.
If you and your partner agree on how much spousal support should be paid and for how long, you
can put what you've agreed to in a separation agreement. This is a written contract that you and your
partner make.
Your separation agreement has to follow certain rules to make it binding and enforceable under the
law. This means your agreement is made in a way that allows the court to order you or your partner
to do what the agreement says, if either of you stop following it.
For example, the rules say before you sign your agreement, you must understand it, the process is
fair, and that you and your partner give complete and honest information about your finances.
Talking to your partner may not be an option where there is a history of partner abuse.
You May Also Need

Sample Separation Agreement (Part 7)
Law Society of Ontario
39
Spousal support

If you cannot agree on each of your incomes and spousal support, you can try getting help from a
family law professional. These are neutral people who are trained to work with both of you to help
you reach an agreement or make a decision for you.
• mediation
• arbitration
arbitrator does.
or not you're in court. If you're already in court, you can get up to 2 hours of mediation at the court
free of charge.
You May Also Need

Family Mediation Services
Ministry of the Attorney General
40
Spousal support
5. Ask the court to impute income

If you think your partner is hiding income or not earning what they could, you can go to court and
ask the judge to impute income to your partner. This means asking the judge to decide that your
partner earns more than they say or can earn more.
The judge imputes income based on what your partner is capable of earning or what the judge
thinks your partner actually makes.
The judge does this by looking at your partner's:
• work history
• past income
• age
• skills
• education
• health
• job opportunities
• lifestyle
If the judge imputes income to your partner, they will take that income into account when applying
the Spousal Support Advisory Guidelines (SSAGs). These are guidelines the judge uses when
making decisions about spousal support.
You May Also Need

41
Spousal support
(VII) When does spousal support end? How do I end it?

How long spousal support is paid depends on the facts of your situation. Here are some general
rules:
• Spousal support always ends when the support recipient dies.
• Spousal support does not always end when the support payor dies. Spousal support may
continue after the support payor's death if there is life insurance or assets (like an RRSP)
from which spousal support can still be paid. But the Family Responsibility Office will not
enforce support orders against the estate of the support payor.
• Spousal support does not automatically end when the support recipient lives with or marries
someone else.
• Spousal support does not automatically end when the support payor retires.
You or your partner can try to change or end spousal support. The court will do this only if there has
been a material change in circumstances. This means you have to show that your situation has
changed so much that your order needs to be changed to deal with those changes.
Time-limited and indefinite support

Some spousal support is time-limited. This means there is an end date in either your separation
agreement or court order.
For example, it might say that spousal support ends when the support recipient remarries or when
the support payor retires.
If there is no end date in your separation agreement or court order, spousal support is called
indefinite. This means it ends when you and your partner agree that it should end. If you can't
agree, you have to go to court and ask the judge to decide.
Some spousal support agreements or orders have a review date. This means there is a date to look
at your situation to decide if the amount of spousal support should change or end.
42
Spousal support
1. Check what your agreement or order says

Check to see if your separation agreement or court order says when spousal support ends.
For example, your separation agreement or court order might say that spousal support ends when
the support recipient remarries or when the support payor retires. Or, if the support recipient is
going back to school, it might say that spousal support ends when they get their degree or diploma.
Some spousal support agreements or court orders have a review date. This means there is a date to
look at your situation to decide if the amount of spousal support should change or end.
You May Also Need

43
Spousal support

Look to see if you or your partner's situation has changed.
If you have to go to court, the court will only make an order changing or ending spousal support if
there has been a material change in circumstances.
This means you have to show that there has been a significant change in circumstances. That is,
your situation has changed so much that your order needs to be changed to deal with those changes.
For example, if:
• You or your partner's income has gone up or down.
• The partner paying support loses their job and can no longer pay the spousal support agreed
on.
• The partner receiving spousal support makes more money and the partner paying support
wants to reduce or end spousal support.
• The partner receiving spousal support should now be self-supporting.
• The partner receiving support is re-married and support was only being paid because they
were in need.
• The partner paying support was also paying child support that has now ended.
• The partner receiving spousal support wants to increase the amount of spousal support.
If you cannot prove a significant change in your or your partner's situation, the court will not make
the change.
You May Also Need

Spousal Support
44
Spousal support

You and your partner can try to agree on whether spousal support should end. You can talk to your
partner on your own, with the help of someone you both trust, or with the help of a lawyer or
mediator.

If you and your partner agree to change or end the spousal support in your separation agreement,
you can make a new spousal support agreement.

If you and your partner agree to change or end the spousal support in your final court order, you do
not have go to court to have a judge make a decision for you. But you still need to file documents
with the court and get a new order based on your agreement.
You and your partner can agree to change spousal support on consent. The court then makes a
consent order based on your agreement.
You May Also Need

Spousal Support
45
Spousal support
4. Contact the Family Responsibility Office

You should keep making support payments until the Family Responsibility Office (FRO) tells you
in writing to stop. The FRO is a government agency that enforces child support and spousal
support.
There is an end date

If your separation agreement or court order:
• has a date when support payments end, and
• is registered with the FRO,
the FRO will stop enforcing support payments when that date has passed. You can write to the FRO
and remind them that the date is coming up soon. Tell them which paragraph in the agreement or
order has the date.
If your separation agreement or court order:
• has an event when support payments end, and
• is registered with the FRO,
the FRO will stop enforcing support payments when that event has passed. Write to the FRO and
give them proof that the event has happened, such as your partner finishing college or university.
The FRO may contact your partner to confirm that the event has happened.
There is no end date

If your separation agreement or court order doesn't say when support payments end, you and your
partner must agree that it ends before the FRO will stop enforcing payments.
Fill out the Application to Discontinue Enforcement of Ongoing Support and tell the FRO why you
think spousal support should end. The FRO will contact your partner.
If your partner… Then the FRO…
doesn't agree that spousal support should end, will continue enforcing the separation
doesn't respond to the FRO, may stop enforcing payments.
doesn't respond to the FRO but later tells the may start enforcing payments again.
FRO that payments should not have ended,
agrees in writing to end support, will tell you in writing that you can stop
making support payments.
The FRO can't change any of the terms in your separation agreement or court order. They only try
to make sure support is being paid.
46
Spousal support
You May Also Need

Application to Discontinue Enforcement of Ongoing Support
Family Responsibility Office
47
Spousal support
5. Go to court to end spousal support

If you and your partner can't agree to end spousal support, you can go to court and ask a judge to
decide. You do this by bringing a motion to change.
Going to court can be a complicated process and it can take a lot of time. It can be stressful and
expensive, but it is sometimes necessary to decide your issues. This family law court process
flowchart explains each step in a family law court case.
A motion to change is the name of the court process used to ask a judge to make changes to support
in your separation agreement or court order.
You have to tell the judge why you think spousal support should end. You have to show that there
has been a significant change in circumstances. For example:
were in need.
• The arrangements about the children have changed.
You can talk to a lawyer who can tell you if facts exist that may convince a judge that your
separation agreement or court order should be ended and help you through the process.
If you can't afford to hire a lawyer for your whole case, some lawyers provide "unbundled services"
or "limited scope retainer" services. This means you pay them to help you with part of your case.
You May Also Need

How to make a motion to change
48
Spousal support
(VIII) How is spousal support taxed?

The tax rules are different for spousal support and child support.

If you receive monthly spousal support, you must pay income tax on the total support you receive
each year. And, you can claim a tax deduction on legal fees spent to get monthly spousal support.
But, if you receive all of your spousal support at once in a lump-sum payment, you do not pay
income tax on it. And, you cannot claim a tax deduction on legal fees spent to get a lump-sum
payment.

If you pay monthly spousal support, you get an income tax deduction for the total spousal support
you pay each year. You do not get a tax deduction if you make a one time lump-sum payment.
You cannot claim a tax deduction on legal fees spent on defending a claim for spousal support.
Tax rules for child support

The tax rules for child support are different than for spousal support.
Parents paying child support cannot claim an income tax deduction for making child support
payments. And, parents receiving child support are not taxed on the support payments they receive.
49
Spousal support
Check the amounts for spousal support and child support

Check your separation agreement or court order to see if there are separate amounts for spousal
support and child support.
Spousal support is tax-deductible for the support payor. The support payor can claim a deduction for
making monthly spousal support payments, and the partner receiving support is taxed on the
monthly spousal support they receive as income.
Child support is not taxable for the payor parent. The payor parent cannot claim a deduction for
making child support payments, and parents receiving child support are not taxed on the child
support they receive.
Your separation agreement or court order should clearly show:
• how much is paid for spousal support each month
• how much is paid for child support each month
If your separation agreement or court order shows only one amount for both types of support, the
Canada Revenue Agency will treat the whole amount as child support.
This means the support payor cannot claim a deduction on their taxes for making monthly spousal
support payments. And, the support recipient does not have to pay taxes on the monthly spousal
support they receive.
You May Also Need

Registering your court order or written agreement
Canada Revenue Agency
50
Spousal support
Look for legal fees you can deduct from taxes

If you hired a lawyer to help you get monthly spousal support, or to get an increase in the amount
of monthly spousal support, some or all of your legal fees may be tax deductible.
This does not usually apply if you receive all of your spousal support in a one-time, lump-sum
payment.
Here are some examples of things that a lawyer charges you for that you might be able to claim as a
tax deduction:
• getting a spousal support order
• figuring out how much spousal support you might get
• figuring out how long you might get spousal support
• collecting late spousal support payments
• enforcing a spousal support order
• getting an increase in the amount of spousal support
You have to show how much of your lawyer's bill was for work on your spousal support claim. Ask
your lawyer for a letter to the Canada Revenue Agency that clearly shows how much you spent on
spousal support, as well as child support, if any.
You cannot claim a tax deduction for legal fees for work on:
• separation or divorce
• custody
• access
• dividing property
If you're claiming a deduction for legal fees, you may need help from a tax professional.

The legal fees you spent defending a claim for spousal support or defending a request to increase
spousal support are not tax deductible.
You May Also Need

Support Payments Received
51
Spousal support
Child support gets paid before spousal support

If you're paying both spousal support and child support, the money for the child must always be
paid first. There is no tax deduction on that money.
The Canada Revenue Agency considers anything you pay over and above the child support amount
in your separation agreement or court order to be spousal support. You can claim a tax deduction on
that.
That means missing even one child support payment can affect the amount you have to pay in
income tax.
Example: Bill's separation agreement says he must make monthly payments of $400 ($4,800 a
year). Of this, $250 (or $3,000 a year) is child support. And, $150 (or $1,800 a year) is spousal
support. Bill pays $400 a month from January to August, for a total of $3,200. Then he stops
making payments for the rest of the year.
When Bill files his tax return, $3,000 of the $3,200 he paid will be treated as child support
payments. He will only be able to deduct $200 for spousal support.
You May Also Need

What amount can I claim or report?
52
Spousal support
(IX) What are the rules about getting spousal support and financial assistance from Ontario
Works?
(IX) What are the rules about getting spousal support and
financial assistance from Ontario Works?
Spousal support payments affect the amount of financial assistance you get from Ontario Works
(OW).
OW reduces the amount of your assistance by the amount of spousal support you get.
But a new rule that applies starting February 1, 2017, says that this only happens if you get the
support money. OW does *not *reduce your assistance if you're supposed to get spousal support but
it's not paid to you.

OW can require you to make “reasonable efforts” to get spousal support from someone who is or
was your spouse as defined by family law.
But the rule is different for child support. OW will *not *say that you must try to get child support
when you apply for assistance or while you're getting assistance.

You have to tell OW about any spousal support payments that you get. This lets OW know how
much to take off your assistance.
If you don't tell them, OW will say that they gave you too much money and you have
an overpayment. They can take steps to get the money back.
If OW says that you have to pay back assistance and you don't agree, you may want to contact a
community legal clinic.
If OW thinks you broke the rules on purpose, they can ask the police to charge you with fraud. If
this happens, get legal help right away.
Applying for OW
OW includes spousal support as income when you apply for assistance. So it affects their decision
on whether you qualify financially.
This is because to qualify for OW, your income can't be more than a certain amount. That amount
depends on the number of people in your household and the cost of your housing.
53
Spousal support
Works?

Ontario Works (OW) uses the family law definition of spouse in their rules about support payments.
These rules say that OW can require you to make “reasonable efforts” to get spousal support from
someone who is or was your spouse as defined by family law.
OW uses a different definition to decide if you're eligible for assistance.

In family law, a spouse is someone of the same or opposite sex who:
• you're married to
• you've been living with as a couple for at least 3 years
• you've been living with, in what the law calls “a relationship of some permanence”, and the
two of you have a child together
To decide if you're in “a relationship of some permanence”, the law considers many things. Some of
these things could be:
• whether you live together
• your personal and sexual habits
• how you behave with each other in public
• whether you support each other or your children financially
• whether other people see you as a couple

When you and your partner separate or divorce, you might be able to get spousal support.
The law says you're expected to try to support yourself. But sometimes you can get spousal support
from your partner if they earn more than you do.
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Separation and Divorce: Spousal Support
CLEO (Community Legal Education Ontario / Éducation juridique communautaire Ontario)
54
Spousal support
Works?
2. Learn the OW rules that say you must try to get spousal support
Ontario Works (OW) can refuse to give you assistance or can reduce or cut off your assistance, if
you:
• might be able to get spousal support, and
• don't make “reasonable efforts” to get it.
“Reasonable efforts” could include:
• applying to family court for a support order
• making sure you give OW all the information you have about trying to get support
OW will ask for the name of your spouse. They could also ask where that person is and for other
information, like:
• their Social Insurance Number (SIN)
• their employer's name and address
• how long you lived together and when you separated
If you know this information but don't give it to OW, they can refuse to give you assistance, or
reduce or cut off your assistance.
If this happens, you might be able to appeal OW's decision.
What OW may ask you to do

OW may ask you to:
• make a support agreement with your spouse that follows the guidelines that the courts use to
decide on spousal support
• apply to get a court order for spousal support
• go back to court and ask the court to order your spouse to pay more support
• enforce a spousal support agreement or court order that you already have
But there are times when you may not have to try to get spousal support. See Step 3.
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Child and spousal support when you are on social assistance
55
Spousal support
Works?
3. Learn about when you might not have to try to get spousal support
The general rule is that Ontario Works (OW) can require you to make “reasonable efforts” to get
spousal support if you might be able to get it.

You may *not *have to try to get spousal support, if after some time, for example 2 years:
• your spouse has not had contact with you, and
• no one can find them.
But if you have any information that could help find your spouse, you must give this to OW.
Other reasons
There are some other times when you may *not *have to try to get spousal support. For example:
• you can't go to family court for medical reasons
• your spouse:
• is violent towards you or your child
• can't pay any support right now, for example, because they're in jail
• is in another country where they can't be forced to pay support that a court in Ontario
ordered them to pay
In situations like these, OW should decide that you don't have to try to get spousal support.
But they will review their decision, usually in 3 to 12 months. They should tell you when they plan
to review it.
When OW reviews their decision

When OW reviews their decision, if things are the same, they may decide that you still *don't *have
to try to get spousal support.
Or, they might give you a date when they'll do another review.
But OW can also decide that they *don't *need to review your situation. For example, they might do
this if:
• no one can find your spouse after searching for what OW considers to be “a reasonably long
time”
• there's an ongoing risk of your spouse being violent towards you or your child
OW can ask you for proof of your situation. For example, to show that your spouse was violent, you
might need to get a police report or a letter from a doctor or counsellor.
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Works?
You May Also Need

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Spousal support
Works?

Some people can agree about spousal support without talking to a lawyer.
But it's still a good idea for:
• one of them to get a lawyer to put the agreement in writing, and
• the other person to get a different lawyer to check it.
That way each person can make sure that the agreement:
• means what they want it to mean
• protects their rights

If the two of you can't agree about spousal support, you have 2 options. You can:
• ask a family law professional to help you
• go to court and ask a judge to decide
Family law professionals are people who are trained to work with both of you so you can avoid
going to court. They can either help you make an agreement or make a decision for you. Sometimes
this is called alternative dispute resolution.
You May Also Need

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Spousal support
Works?

You might need to get legal help to get spousal support or if you have a problem with Ontario
Works (OW).

You may want to start by getting more information.
There's a Family Law Information Centre (FLIC) in every courthouse that deals with family law.
All FLICs have free pamphlets. Many FLICs have staff who can give you information and refer you
to community agencies and legal services.
And advice lawyers from Legal Aid Ontario are at FLICs at certain times to answer questions, give
legal advice, and review legal documents. Contact your local FLIC to find out when a lawyer will
be there.
There are many other services to help people who can't afford a lawyer and need help with a family
law problem.
Read more about services you might be able to use in I can't afford a lawyer. Where else can I find
legal help?
Help if you have a problem with OW

If you have a problem with OW, you may want to get help to understand your rights and act on
them.
And if you disagree with a decision that OW makes, it's important to get help as soon as possible.
There may be things you can do. For example, you may be able to appeal to the Social Benefits
Tribunal.
And if OW says that you have to pay back assistance and you don't agree, you may want to contact
a community legal clinic.
You May Also Need

Family law
Legal Aid Ontario
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Spousal support
(X) What are the rules about getting spousal support and income support from the Ontario
Disability Support Program?
(X) What are the rules about getting spousal support and
income support from the Ontario Disability Support
Program?
Spousal support payments affect the amount of income support you get from the Ontario Disability
Support Program (ODSP).
ODSP reduces the amount of income support you get by the amount of spousal support you get. For
example, if you get $100 in spousal support each month, ODSP will reduce your monthly income
support by $100.
But a new rule that applies starting January 1, 2017, says that this only happens if you get the
support money. ODSP does *not *reduce the amount they give you if you're supposed to get spousal
support but it's not paid to you.

ODSP can require you to make “reasonable efforts” to get spousal support from someone who is or
was your spouse as defined by family law.
But the rule is different for child support. ODSP will *not *say that you must try to get child
support when you apply for assistance or while you're getting assistance.

You have to tell ODSP about any spousal support payments you get. This lets ODSP know how
much to take off your income support.
If you don't tell them, ODSP will say that they gave you too much money and you have an
overpayment. They can take steps to get the money back.
If ODSP says that you have to pay them back and you don't agree, you may want to contact a
community legal clinic.
If ODSP thinks you broke the rules on purpose, they can ask the police to charge you with fraud. If
this happens, get legal help right away.
Applying for ODSP

When you apply for ODSP, they include spousal support as part of your income. So, getting spousal
support affects whether you qualify financially for ODSP.
This is because to qualify financially, your income can't be more than a certain amount. That
amount depends on the number of people in your household and the cost of your housing.
Some people who apply for ODSP are already getting financial assistance from Ontario Works
(OW). It's harder to qualify financially for OW. So, if you're getting OW, you should qualify
financially for income support from ODSP.
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Spousal support

The Ontario Disability Support Program (ODSP) uses the family law definition of spouse in their
rules about support payments.
These rules say that ODSP can require you to make “reasonable efforts” to get spousal support from
someone who is or was your spouse as defined by family law.
ODSP uses a different definition to decide if you're eligible for assistance.

In family law, a spouse is someone of the same or opposite sex who:
• you're married to
• you've been living with as a couple for at least 3 years
• you've been living with, in what the law calls “a relationship of some permanence”, and the
two of you have a child together
To decide if you're in “a relationship of some permanence”, the law considers many things. Some of
these things could be:
• whether you live together
• your personal and sexual habits
• how you behave with each other in public
• whether you support each other or your children financially
• whether other people see you as a couple

When you and your partner separate or divorce, you might be able to get spousal support.
The law says you're expected to try to support yourself. But sometimes you can get spousal support
from your partner if they earn more than you do.
You May Also Need

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2. Learn the ODSP rules that say you must try to get spousal support
The Ontario Disability Support Program (ODSP) can refuse to give you income support, reduce the
amount you get, or cut off your income support, if you:
• might be able to get spousal support, and
• don't make “reasonable efforts” to get it.
“Reasonable efforts” could include:
• applying to family court for a support order
• making sure you give ODSP all the information you have about trying to get support
ODSP will ask for the name of your spouse. They could also ask where that person is and for other
information, like:
• their Social Insurance Number (SIN)
• their employer's name and address
• how long you lived together and when you separated
If you know this information but don't give it to ODSP, they can refuse to give you income support,
reduce the amount you get, or cut off your income support.
If this happens, you might be able to appeal their decision.
What ODSP may ask you to do

ODSP may ask you to:
• make a support agreement with your spouse that follows the guidelines that the courts use to
decide on spousal support
• apply to get a court order for spousal support
• go back to court and ask the court to order your spouse to pay more support
• enforce a spousal support agreement or court order that you already have
But there are times when you may not have to try to get spousal support. See Step 3.
You May Also Need

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3. Learn about when you might not have to try to get spousal support
The general rule is that the Ontario Disability Support Program (ODSP) can require you to make
“reasonable efforts” to get spousal support if you might be able to get it.

You may *not *have to try to get spousal support, if after some time, for example 2 years:
• your spouse has not had contact with you, and
• no one can find them.
But if you have any information that could help find your spouse, you must give this to ODSP.
Other reasons
There are some other times when you may *not *have to try to get spousal support. For example:
• you can't go to family court for medical reasons
• your spouse:
• is violent towards you or your child
• can't pay any support right now, for example, because they're in jail
• is in another country where they can't be forced to pay support that a court in Ontario
ordered them to pay
In situations like these, ODSP should decide that you don't have to try to get spousal support.
But they will review their decision, usually in 3 to 12 months. They should tell you when they plan
to review it.
When ODSP reviews their decision

When ODSP reviews their decision, if things are the same, they may decide that you still *don't
*have to try to get spousal support.
Or, they might give you a date when they'll do another review.
But ODSP can also decide that they *don't *need to review your situation. For example, they might
do this if:
• no one can find your spouse after searching for what ODSP considers to be “a reasonably
long time”
• there's an ongoing risk of your spouse being violent towards you or your child
ODSP can ask you for proof of your situation. For example, to show that your spouse was violent,
you might need to get a police report or a letter from a doctor or counsellor.
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Spousal support

Some people can agree about spousal support without talking to a lawyer.
But it's still a good idea for:
• one of them to get a lawyer to put the agreement in writing, and
• the other person to get a different lawyer to check it.
That way each person can make sure that the agreement:
• means what they want it to mean
• protects their rights

If the two of you can't agree about spousal support, you have 2 options. You can:
• ask a family law professional to help you
• go to court and ask a judge to decide
Family law professionals are people who are trained to work with both of you so you can avoid
going to court. They can either help you make an agreement or make a decision for you. Sometimes
this is called alternative dispute resolution.
You May Also Need

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Spousal support

You might need to get legal help to get spousal support or if you have a problem with the Ontario
Disability Support Program (ODSP).

You may want to start by getting more information.
There's a Family Law Information Centre (FLIC) in every courthouse that deals with family law.
All FLICs have free pamphlets. Many FLICs have staff who can give you information and refer you
to community agencies and legal services.
And advice lawyers from Legal Aid Ontario are at FLICs at certain times to answer questions, give
legal advice, and review legal documents. Contact your local FLIC to find out when a lawyer will
be there.
There are many other services to help people who can't afford a lawyer and need help with a family
law problem.
Read more about services you might be able to use in I can't afford a lawyer. Where else can I find
legal help?
Help if you have a problem with ODSP

If you have a problem with ODSP, you may want to get help to understand your rights and act on
them.
And if you disagree with a decision that ODSP makes, it's important to get help as soon as possible.
There may be things you can do. For example, you may be able to appeal to the Social Benefits
Tribunal.
And if ODSP says that you have to pay back assistance and you don't agree, you may want to
contact a community legal clinic.
You May Also Need

Family law
Legal Aid Ontario
Community legal clinics
Legal Aid Ontario
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Spousal support
(XI) What should we do if we agree on spousal support?

If you and your partner agree on spousal support, you can put what you've agreed to in a separation
agreement. This is a written contract that you and your partner make.
Your separation agreement can deal with spousal support alone, or can include other things like
child support, custody and access, and dividing property.
You don't have to wait until you and your partner agree on everything before making a separation
agreement. You can make an agreement on the things you agree on, while working on other issues.
You can make a separation agreement if you're married or in a common-law relationship.
There are some good reasons to make a written separation agreement:
• It can be faster, cheaper, and less stressful than going to court.
• It lets you and your partner decide what works best for you and your family.
• It's easier to prove what you and your partner agreed on if you have a written rather than a
verbal agreement.
• If there is a problem getting support payments, the Family Responsibility Office can help.
• Monthly spousal support cannot be tax deductible without a separation agreement or court
order.
You can talk to a lawyer who can give you advice about the rules your separation agreement needs
to follow to make it legal. If you can't afford to hire a lawyer, you may be able to find legal help in
other places.
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1. Agree on the terms of spousal support

You and your partner can try to agree on spousal support without going to court. You can talk to
your partner on your own, with the help of someone you both trust, or with the help of a lawyer or
mediator.
Your separation agreement can deal with spousal support alone, or can include other things like:
• custody and access
• child support
• dividing property if you're married
• dividing property if you're in a common-law relationship
You don't have to wait until you and your partner agree on everything before making a separation
agreement. For example, you might agree on spousal support before you agree on how to divide
property. So you can make a separation agreement about spousal support first.
Your spousal support agreement can include:
• the length of time you and your partner lived together
• your age and your partner's age
• your income and your partner's income
• the amount of monthly spousal support payments
• the date when spousal support will be paid, including a start date
• how you came up with the amount of spousal support
• the reason for entitlement to spousal support
• how spousal support payments will be made, for example, cash with a receipt, cheque, direct
deposit, money order, interac e-transfer, or through the Family Responsibility Office
• how you plan to deal with spousal support if there are changes in your situation such as
changes in income or employment
Also try to agree on a way to get updated information about each other's income each year. You can
agree to exchange copies of your most recent income tax return or notice of assessment every year.
If your agreement also deals with child support, make sure that you have a separate amount for
child support and spousal support payments. This is because they are treated differently when doing
your income tax return.
Talking to your partner may not be the best option where there is a history of partner abuse.
You May Also Need

Sample Separation Agreement
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2. Make a separation agreement the court can enforce

For example, the rules say before you sign your agreement, you must understand it, the process is
fair, and that you and your partner give complete and honest information about your finances.
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Spousal support
3. Get your own independent legal advice

You don't need a lawyer to make a separation agreement. But it's a very good idea for each of you to
get your own legal advice before signing one.
You can talk to a lawyer who can help you understand:
• The claims you can make after you separate or divorce.
• Your rights and responsibilities toward your children and your partner.
• The rules your agreement has to follow to make it binding and enforceable under the law.
• How your rights change once you sign the agreement.
You and your partner should not go to the same lawyer. It is important for each of you to get your
own legal advice from different lawyers. This is sometimes called independent legal advice (ILA).
The advice is independent because each lawyer is only working for one of you.
Besides helping you understand what you're agreeing to, there are other important reasons to get
ILA. If you and your partner each get ILA, your agreement is less likely to be challenged later. And
a court is more likely to order you and your partner to do what you agreed on.
If you decide not to get legal advice, you may not be able to argue later that you didn't understand
your legal rights when you signed the agreement.
If you can't afford to hire a lawyer for your whole case, some lawyers provide "unbundled" or
"limited scope" services. This means you pay them to help you with part of your case, such as
reviewing your separation agreement.
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Independent Legal Advice for Mediation Clients
Legal Aid Ontario
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4. Sign your separation agreement

There are rules about how you make a separation agreement. These are called formal
requirements. These rules say your agreement must be:
• in writing
• have a date
• signed by both people who are making the agreement
• witnessed, which means you and your partner have to sign the agreement in front of another
person
• signed by the witness
If you don't follow these rules, and you don't agree later about your separation agreement, the court
does not have to order you or your partner to follow it.
There are no specific rules about what information you need to have in your separation agreement.
But you should be as clear and detailed as you can so that the agreement shows exactly what you
and your partner agreed to.
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5. Think about filing your separation agreement with the court

You or your partner can file your separation agreement with the court at any time as long as it has
not been changed. This means that the court has a copy of your agreement.
Some of the reasons to do this are so:
• the court can enforce the support terms of your agreement by ordering you and your partner
to follow it
• a government agency, called the Family Responsibility Office (FRO) can enforce support
payments
The FRO is a government agency that collects support from the person who has to pay support,
keeps a record of the amounts paid, and pays that amount to the person who has to get support.
If the partner paying support misses payments, the FRO can take action to enforce the agreement
and make them pay. For example, the FRO can take money from their bank account, suspend their
driver's licence, or start a court case that can put them in jail.
Some people choose not to involve the FRO. It takes time for them to process the paper work and
start enforcing payments. Or, if you and your partner get along well and you don't expect problems,
you may not need the FRO's help.
To get the FRO to enforce your agreement:
1. Attach your most current separation agreement to a Form 26B: Affidavit for Filing Domestic
Contract or Paternity Agreement.
2. Take it to the courthouse. You can file your agreement only at the Ontario Court of Justice or
the Family Court branch of the Superior Court of Justice. You cannot file your agreement at
other locations of the Superior Court of Justice.
You May Also Need

Form 26B: Affidavit for Filing Domestic Contract or Paternity Agreement
Ontario Court Forms
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(XII) What should we do if we can't agree on spousal support?

If you and your partner cannot agree on spousal support, with or without the help of lawyers, you
have two options. You can ask a family law professional to help you resolve your issues. Or, you
can go to court and ask a judge to decide.
Family law professionals

There are different types of family law professionals who can help you and your partner resolve
your issues. These are neutral people who are trained to work with both of you to help you reach an
agreement or make a decision for you.
For example, each family court location in Ontario offers subsidized mediation services. You can
get up to 8 hours of mediation for a fee that is based on each person's income. You can use this
service whether or not you have a court case. And if you have a court case, you can get up to 2
hours of mediation for free at the court.
These processes are sometimes called alternative dispute resolution because they help solve your
issues without going to court.
Go to court
If you and your partner still cannot agree even with the help of a family law professional, or if this
is not the right option for you, one of you will have to start a family law court case.
A family court makes decisions using the family law rules and laws. Going to court can be a
complicated process and it can take a lot of time. It can be stressful and expensive, but it is
sometimes necessary to decide your issues.
Changing the process

You don't have to stick with one of these options. Sometimes you can use both or switch from one
to the other.
For example, you and your partner might not be able to solve your case with the help of a family
law professional, so you decide to go to court.
Or you might start a court case first, but then you and your partner agree to pause your case while
you try to reach an agreement with the help of a family law professional.
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1. Think about your options

There are family law professionals who can help you and your partner resolve your issues. These
are neutral people who are trained to work with both of you to help you reach an agreement or make
a decision for you.
• mediation
• arbitration
arbitrator does.
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You and your partner must agree to use an alternative dispute resolution (ADR) process and you
must agree on the details of the process. This includes:
• which type of family law professional will help you resolve your issues
• how your lawyers, if any, will be involved
• who will pay for the costs
• when you will do it
If you and your partner agree on the details of the ADR process, put your agreement in writing
before you start. This document can be called a participation agreement, arbitration agreement, or
agreement to mediate.
The agreement might include:
• the role of the family law professional who is helping you resolve your dispute
• the issues to be decided
• how to exchange documents
• how to end the process
• who will pay
The family law professional who is helping you usually drafts the agreement and includes details
about you, your partner, and your issues.
Before signing the agreement:
• Review it carefully. If you have a lawyer, you should have them review it as well.
• Make sure that it includes all the important details about the process.
• Ask any questions you have.
• Make sure that you understand it.
You May Also Need

Standard Form Agreement to Mediate
ADR Institute of Canada
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Spousal support
3. Go to court
If you and your partner still cannot agree on spousal support even with the help of a family law
professional, or if this is not the right option for you, one of you will have to start a family law court
case.
expensive, but it is sometimes necessary to decide your issues.
This family law court process flowchart explains each step in a family law court case. It tells you
what happens and what you have to do if you start a court case or if you're responding to a court
case your partner started.
A family court makes decisions using the family law rules and laws. Courts use the Spousal Support
Advisory Guidelines (SSAGs) to help them make decisions about spousal support. These are only
guidelines, not laws.
You can talk to a lawyer who can help you understand what the law says about spousal support. A
lawyer can also explain why you might choose to go to court and help you through the process.
"limited scope" services. This means you pay them to help you with part of your case.
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Steps to Justice is a collaborative project led by CLEO and is funded by:
Order our bookmarksand posters for FREE!
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(XIII) How do I change spousal support in my separation agreement?
(XIII) How do I change spousal support in my separation

agreement?
You or your partner may need to change the spousal support in your separation agreement because
of changes to your situation. You must show there has been a material change in circumstances.
This means you have to show that your situation has changed so much that your order needs to be
changed to deal with those changes.
For example:
were in need.
Your separation agreement may deal with these kinds of situations. For example, it might say that
spousal support ends when the support recipient remarries or when the support payor retires. Or, it
might say that support ends when the support recipient gets their degree or diploma if they have
gone back to school.
Example: When Vidya and Ajit separated, they had three teenaged children. Vidya was entitled to
both child support and spousal support. But Ajit did not earn enough to pay both. Their separation
agreement stated that when the children were grown and child support ended, spousal support
would be reviewed to see if Vidya was entitled to receive it at that time.
Your separation agreement may also have a review date. This means there is a date to look at your
situation to decide if the amount of spousal support should change or end.
If your separation agreement does not say what should happen if there are significant changes to
your situation, you and your partner can agree to make a new separation agreement.
If you can't agree, you can get help from a family law professional or go to court and ask a judge to
decide.
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there has been a* material change in circumstances.*
This means you have to show that there has been a significant change in your or your partner's
situation. For example:
on.
were in need.
• The partner paying support was also paying child support that has now ended. The partner
receiving spousal support wants to increase the amount of spousal support.
the change.
You May Also Need

Spousal support
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2. Make a new separation agreement

You and your partner can agree to make a new separation agreement on spousal support to deal with
the significant changes to your situation. You can talk to your partner on your own, with the help of
someone you both trust, or with the help of a lawyer or mediator.
Your spousal support agreement can include:
• the length of time you and your partner lived together
• your age and your partner's age
• your income and your partner's income
• the amount of monthly spousal support payments
• the date when spousal support will be paid, including a start date
• a repayment schedule for the missed spousal support payments
• how you came up with the amount of spousal support
• the reason for entitlement to spousal support
• how spousal support payments will be made, for example, cash with a receipt, cheque, direct
deposit, money order, interac e-transfer, or through the Family Responsibility Office
• how you plan to deal with spousal support if there are changes in your situation such as
changes in income or employment
• how you will exchange updated income information
You don't need a lawyer to make a separation agreement. But it's a very good idea for each of you to
get your own legal advice before signing one.
It is important for each of you to get your own legal advice from different lawyers. This is
sometimes called independent legal advice. The advice is independent because each lawyer is only
working for one of you.
You May Also Need

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If you and your partner cannot agree on making a new separation agreement to deal with the
changes to your situation, you can get help from a family law professional. These are neutral people
who are trained to work with both of you to help you reach an agreement or make a decision for
you.
• mediation
• arbitration
arbitrator does.
Your separation agreement might even require that you first try a process like mediation to work out
your issues before taking any further steps like going to court.
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You and your partner must agree to use an alternative dispute resolution (ADR) process and you
must agree on the details of the process. This includes:
• which type of family law professional will help you resolve your issues
• who will pay for the costs
• when you will do it
If you and your partner agree on the details of the ADR process, put your agreement in writing
before you start. This document can be called a participation agreement, arbitration agreement, or
agreement to mediate.
The agreement might include:
• the role of the family law professional who is helping you resolve your dispute
• the issues to be decided
• how to exchange documents
• how to end the process
• who will pay
The family law professional who is helping you usually drafts the agreement and includes details
about you, your partner, and your issues.
Before signing the agreement:
• Review it carefully. If you have a lawyer, you should have them review it as well.
• Make sure that it includes all the important details about the process.
• Ask any questions you have.
• Make sure that you understand it.
You May Also Need

Standard Form Agreement to Mediate
Alternative Dispute Resolution Ontario
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Spousal support

If you and your partner still cannot agree on changing your separation agreement on spousal support
even with the help of a family law professional, or if this is not the right option for you, you can go
to court.
First you need to file your separation agreement with the court so it has a copy of your agreement.
To file your separation agreement:
2. Take it to the courthouse. You can file your agreement only at the Ontario Court of Justice or
the Family Court branch of the Superior Court of Justice. You cannot file your agreement at
other locations of the Superior Court of Justice.
Next, you ask a judge to change spousal support by bringing a motion to change. A motion to
change is the name of the court process used to ask a judge to make changes to support.
You can talk to a lawyer who can explain your responsibilities under the existing separation
agreement. A lawyer can also tell you if facts exist that may convince a judge that the agreement
should be changed.
You May Also Need

How To Make a Motion To Change
Ontario Court Forms
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(XIV) How do I change a court order for spousal support?

You or your partner may need to change your spousal support order because of changes to your
situation. You must show there has been a material change in circumstances.
This means you have to show that your situation has changed so much that your order needs to be
changed to deal with those changes. For example:
were in need.
Your court order may deal with these kinds of situations. For example, it might say that spousal
support ends when the support recipient remarries or when the support payor retires. Or, it might
say that support ends when the support recipient gets their degree or diploma if they have gone back
to school.
Example: When Vidya and Ajit separated, they had three teenaged children. Vidya was entitled to
both child support and spousal support. But Ajit did not earn enough to pay both. Their court order
stated that when the children were grown and child support ended, spousal support would be
reviewed to see if Vidya was entitled to receive it at that time.
Your court order may also have a review date. This means there is a date to look at your situation to
decide if the amount of spousal support should change or end.
If your court order does not say what should happen if there are significant changes to your
situation, you and your partner can agree to change your court order.
If you can't agree, you can get help from a family law professional or go to court and ask a judge to
decide.
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on.
were in need.
the change.
You May Also Need

Spousal support
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2. Agree to change your court order

If you and your partner can agree on changing your court order, you do not have go to court to have
a judge make a decision for you. But you still need to file documents with the court and get a new
order based on your agreement.
The court then makes a consent order based on your agreement.
You need to fill out:
• Form 15C: Consent motion to change, which sets out the new terms you and your partner
agree to. It must be signed by both of you and by the assignee, if a social assistance agency
is receiving or is owed the support payments. You each need to sign the consent form in
front of a witness. You cannot witness each other's signatures. Attach a copy of your existing
order.
• Form 25: Order, where you list the orders you want. Be specific about which terms of the
existing order you're asking to change.
• Form 13: Financial Statement, where you give information about your finances such as your
income, living expenses, and assets and debts.
• Form 13A: Certificate of Financial Disclosure, where you list copies of all the documents
that support the claims in your financial statement.
• Support Deduction Order Information Form.
• Support Deduction Order.
• 2 self-addressed, stamped envelopes, one for each of you if you want your order mailed to
you. Otherwise you can pick it up from the court or have it faxed to you.
You can get family law court forms from the courthouse or online. They are available in French and
English.

You file your completed documents at the same level of court that made your court order. There is a
guide on how to file documents.
There are three courts that deal with family law issues in Ontario. These are the:
• Ontario Court of Justice
• Superior Court of Justice
• Family Court branch of the Superior Court of Justice
So, if the Superior Court of Justice made the order, you must go back to a Superior Court of Justice
in the jurisdiction that you or your partner currently lives to change it.
Get your order

The court clerk gives your documents to a judge to review and make an order. You usually don't
need to see the judge because you and your partner are agreeing to the changes.
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But, if the judge has questions for you or your partner, the court clerk will contact you with a court
date or give you a copy of the judge's endorsement that sets out any other steps you or your partner
have to take.
If you get a new spousal support order, the court sends the order, the Support Deduction Order
Information Form, and the Support Deduction Order to the Family Responsibility Office.
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If you and your partner cannot agree on changing your spousal support order, you can get help from
a family law professional. These are neutral people who are trained to work with both of you to help
you reach an agreement or make a decision for you.
• mediation
• arbitration
arbitrator does.
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If you and your partner still cannot agree on changing your spousal support order even with the help
of a family law professional, or if this is not the right option for you, you can go to court.
The process for asking a judge to change spousal support in a final court order is called bringing a
motion to change.
You can talk to a lawyer who can explain your responsibilities under the existing order. A lawyer
can also tell you if facts exist that may convince a judge that the order should be changed.
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(XV) How do I bring a motion to change spousal support?

You or your partner may want or need to change or end the spousal support in your separation
agreement or court order because of significant changes to your situation. For example:
on.
were in need.
If you and your partner agree to change or end your separation agreement, you can make a new
spousal support agreement.
If you and your partner agree to change or end your final court order, you can change spousal
support on consent.
If you and your partner cannot agree, you may have to go to court to bring a motion to change. A
motion to change is the name of the court process used to ask a judge to make changes to support in
your separation agreement or court order.
There are Family Law Rules that tell you what is needed at every step in a court case. Rule 15:
Motions to change a final order or agreement tells you what you need to do.
You can talk to a lawyer who can tell you if facts exist that may convince a judge that your
separation agreement or court order should be changed.
If you can't afford to hire a lawyer for your whole case, some lawyers provide "unbundled services"
or "limited scope retainer" services. This means you pay them to help you with part of your case.
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on.
were in need.
the change.
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Spousal support
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Spousal support
2. Fill out your court forms to start the motion

• Form 15: Motion to change, where you list the orders you want the court to make.
• Form 15A: Change information form or Form 14A: Affidavit, where you give your reasons
and evidence for the changes you're asking for, and attach a copy of your existing separation
agreement or court order. These forms must be sworn or affirmed. This means you are
promising that the information in the document is true. It is against the law to not tell the
truth when swearing or affirming an affidavit.
• Form 13: Financial statement, that gives the court information about your finances such as
the amount of your income, living expenses, and assets and debts.
• Form 13A: Certificate of Financial Disclosure, where you list all the documents that prove
the claims in your financial statement.
• Support Deduction Order Information Form.
• Support Deduction Order.
• Confirmation of Assignment form, if you don't know whether your support payments are or
was assigned to a social services agency. This means the payments go through an agency
such as Ontario Works or the Ontario Disability Support Program.
• Statement of Arrears Form, that gives information about the amount of unpaid support.
• Updated table of contents, that lists the documents you're adding to your continuing record.
English.

Once you have filled out your forms, you must have your motion to change issued by the court. You
take your forms to the court where the court clerk signs, dates, and stamps them and gives you a
court date.
You must usually go to the same level of court that:
• made your court order
• has your separation agreement filed with it
Give your partner a copy

You must serve your partner with a copy of your documents by special service within 30 days of
having it issued. Rule 6: Service of documents tells you how to serve your documents. There is also
a guide on how to serve documents.
You can't give them your documents directly. You have to get a family member or friend who is at
least 18 years old or a professional process server to give your partner the documents. Or, you can
leave them with your partner's lawyer.
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If there is an assignee you can serve them by regular mail.

Whoever serves the documents on your partner must fill out Form 6B: Affidavit of Service. In it,
they say when, where, and how they served your partner. The form proves that your partner got a
copy of your documents and knows that they have to respond to them.
File your documents

You need to go back to the courthouse once your partner has been served, to file your documents
and Form 6B: Affidavit of Service in your continuing record. You do this at the court counter, with
the help of the court clerk.
There is a guide on how to file documents.
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3. Get your partner's response

You partner has 30 days (or 60 days if they live outside of Canada or the United States) to fill out,
serve, and file their response. If they don't respond, the court may make an order based on your
documents alone.
Your partner agrees with you

They fill out a Form 15C: Consent Motion to Change. This form must be signed in front of a
witness. You and your partner cannot witness each other's signatures.
When you sign it, you're confirming that you:
• are aware of your right to talk to a lawyer
• know that signing the form may result in a final court order
The assignee, if any, must also complete and sign this form.
Your partner may also fill out a Form 13: Financial statement unless you both agree not to. But, you
and your partner may need to provide proof of income in some circumstances. For example, if
you're also changing child support and there are special or extraordinary expenses.
Your partner does not agree with you

They fill out:
• Form 15B: Response to Motion to Change, where they tell the court why they don't agree
with you or ask the court to make additional or different changes.
• Form 13: Financial Statement, that gives the court information about their finances such as
the amount of their income, living expenses, and assets and debts.
• Form 13A: Certificate of Financial Disclosure, where they list all the documents that prove
what they said in their financial statement.
• Updated table of contents, that lists the documents they are adding to the continuing record.
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4. Continue with the court process

The court process for motions to change is similar to starting a family law case.
This family law court process flowchart explains each step in a family law court case. It tells you
what happens and what you have to do if you start a court case or if you're responding to a court
case your partner started.
A motion to change may involve a first court date, if your case is at the Ontario Court of Justice or
the Family Court Branch of the Superior Court of Justice, unless it includes a claim for divorce or
dividing property.
If you're at the Superior Court of Justice, you'll need to ask the court clerk to schedule a case
conference.
Some locations of the Superior Court of Justice and Family Court Branch of the Superior Court of
Justice have dispute resolution officers (DRO). They are not judges but are trained to help people
resolve their issues.
In locations where the DRO program is offered, motions to change come before a DRO first,
instead of a judge. DRO's cannot make orders. But they can help you and your partner talk about
the issues and come to an agreement that can be confirmed by a judge.
After the judge reviews your case, they can make a new spousal support order or leave the old
agreement or court order in place. The judge looks at the Spousal Support Advisory Guidelines and
the facts of your case to make decisions about spousal support.
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(XVI) How does the Family Responsibility Office enforce spousal support?
(XVI) How does the Family Responsibility Office enforce

spousal support?
The Family Responsibility Office (FRO) is a government agency that enforces child support and
spousal support. The FRO collects support directly from the person who has to pay support, keeps a
record of the amounts paid, and then pays that amount to the person who has to get support.
If your partner misses payments, the FRO can only take action if you have a:
• court order
enforcement
For example, the FRO can take money from their bank account, suspend their driver's licence, or
start a court case that can put them in jail.
The FRO can help collect money from a support payor who lives in Canada, every state in the
United States, and approximately 30 other countries that Ontario has an agreement with. These are
called reciprocating jurisdictions.
If Ontario doesn't have an agreement with the country where your partner lives, the FRO cannot
help you collect support. You will have to use the laws of the country where the payor lives. You
can talk to a lawyer who may be able to help you do this.
Some people choose not to involve the FRO. It takes time for them to process the paper work and
start enforcing payments. Or, if you and your partner get along well and you don't expect problems,
you may not need the FRO's help.
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Register with the FRO

The Family Responsibility Office (FRO) enforces spousal support payments in a:
• court order
enforcement
They cannot enforce verbal agreements.

If you have a court order, the court automatically sends the order, the Support Deduction Order
Information Form, and the Support Deduction Order to the FRO.
The FRO writes to the support payor's employer or any other place where they receive income. The
FRO tells the employer to deduct spousal support from the payor's cheque and send it to the FRO.
The FRO then sends the money to the partner receiving support.

Some people make a separation agreement without going to court and later need help enforcing it.
To get the FRO to enforce your separation agreement, you must:
2. Take it to the local courthouse. You can file your agreement only at the Ontario Court of
Justice or the Family Court branch of the Superior Court of Justice. You cannot file your
agreement at other locations of the Superior Court of Justice.
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Spousal support
Make support payments through the FRO

If the support payor is paying spousal support through the Family Responsibility Office (FRO), they
make their support payments directly to the FRO, not to their partner. Once the FRO receives the
money, they send it to the partner receiving support within 24 to 48 hours.
Make sure all payments go through the FRO. If the support payor gives a support payment directly
to the partner receiving support, it will not show up on the account at the FRO.
The FRO charges the support payor $100 every time they have to adjust the account so that it shows
the right amount of support that has been paid. But, if the partner receiving support says they did
not get the payment, the FRO will not credit the account.
Paying support through the FRO

If the support payor is employed and on a regular payroll, the FRO can take payments directly from
their income. This is called garnishing wages. But these automatic deductions take time to set up.
And, until they are set up, the support payor must send their spousal support payments directly to
the FRO.
If the support payor is self-employed, unemployed, or not on a regular payroll, they must pay the
FRO directly by:
• Making pre-authorized payments from their bank account. They need to fill out the
Preauthorized Debit Application.
• Paying online by adding the FRO as a payee. The account number is the FRO case number.
A FRO case number always starts with 0 or 1 and is 7 digits long.
• Writing a cheque or money order payable to: The Director, Family Responsibility Office.
Support payors should always include the 7-digit FRO case number and their full name on the
payments and in all letters to the FRO.
And support payors should keep a record of spousal support payments. The FRO does not issue
year-end statements.
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Get help from the FRO
You receive support

If you haven't received a support payment in more than 30 days and your separation agreement or
court order is being enforced by the Family Responsibility Office (FRO), contact them right away.
You pay support

If you don't make your spousal support payments, the FRO can:
• Take money from your bank accounts.
• Take money from your retirement savings.
• Take money from your employment insurance benefits, income tax rebates, and some
government payments.
• Take money from your wages or other income.
• Suspend your driver's licence.
• Suspend your Canadian passport.
• Register the support order as a "charge" against your property. This means you can't sell it or
transfer ownership until you pay any support owing.
• Report you to the credit bureau which may damage your credit rating.
• Take any Ontario lottery prize over $1,000.
• Request information about your employment, finances, and address from any person or
public body.
• Take your employer to court for not following a Support Deduction Order.
• Start a default hearing. At the hearing, you have to explain to a judge why you are behind in
payments. This may result in up to 180 days in jail.
So, if you fall behind in payments, it's important to contact the FRO as soon as you can.
The FRO can help you work out a voluntary payment plan where you agree to a payment
schedule you can afford. The FRO usually requires that you make your monthly support payments
plus an additional amount toward the support owing.
If you're bankrupt, you still owe support. The FRO will be a creditor with a claim against your
estate. They will enforce the ongoing support after you declare bankruptcy.
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Enforcement Action
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Spousal support
Avoid a default hearing or driver's licence suspension

If you're the support payor and you're behind on your spousal support payments, the Family
Responsibility Office (FRO) may start a default hearing or ask the Registrar of Motor Vehicles to
suspend your driver's licence.
You can avoid this by contacting the FRO right away with your 7-digit FRO case number. You can
either:
• Bring your payments up to date.
• Work out a voluntary payment plan where you agree to a payment schedule you can
afford. The FRO usually requires that you make your monthly support payments plus an
additional amount toward the support owing.
Default hearing
If you get a notice of a default hearing, you must go to court on that date. You have to explain to a
judge why you're behind in your payments. The judge makes a decision called a default order. It can
make you:
• Pay all or part of the money you owe through regular payments over time.
• Pay all of the money you owe by a certain date.
• Start a motion to change your agreement or court order.
• Go to jail for up to 180 days.
If you do not go to your court date, the court can have you arrested. Or, the court can make a default
order against you.
Driver's licence suspension

The FRO will mail you a document called a First Notice of Driver's Licence Suspension. Your
driver's licence will be suspended 30 days after the date in the notice. The deadline date to respond
is set out in the notice.
You can respond by asking the court for a refraining order. A refraining order is a court order that
stops the FRO from having your driver's license suspended for a short period of time.
You cannot get a refraining order after the deadline in the First Notice has expired.
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End payments through the FRO
Withdraw your case

If you and your partner agree that you don't want the Family Responsibility Office (FRO) to handle
your payments anymore, you must both fill out a Notice of Withdrawal Form.
In some cases, the partner receiving support can do this without the support payor's consent by
filling out a Notice by Support Recipient of Unilateral Withdrawal Form. For example where the
support payor is paying the partner receiving support directly.
If spousal support payments go through Ontario Works or the Ontario Disability Support Program, a
caseworker must also agree to withdraw the case. If they don't agree, you must go to court to have
your support agreement or order changed.
If you later decide to re-register with the FRO, you fill out a Notice of Re-Filing Form. There is a
$50 re-filing fee. And, if you want the FRO to enforce any payments that were missed since your
case was closed, you need to fill out a Statement of Arrears Form. This form tells the FRO about the
amount of unpaid spousal support.
End support payments

If you're paying spousal support and think payments should end, fill out the Application to
Discontinue Enforcement of Ongoing Support and tell the FRO why you think it should end. The
FRO will then contact your partner.
If your partner… Then the FRO…
doesn't agree that spousal support should end, will continue enforcing the separation
doesn't respond to the FRO, may stop enforcing payments.
doesn't respond to the FRO but later tells the may start enforcing payments again.
FRO that payments should not have ended,
agrees in writing to end support, will tell you in writing that you can stop
making support payments.
The FRO can't change any of the terms in your separation agreement or court order. They only try
to make sure support is being paid. So if your partner doesn't agree to end support, or if you want to
change the amount of support, you have to go to court.
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(XVII) I haven't paid spousal support. How do I get a refraining order to stop the FRO from having
my driver's licence suspended?
(XVII) I haven't paid spousal support. How do I get a refraining

order to stop the FRO from having my driver's licence
suspended?
The Family Responsibility Office (FRO) enforces spousal support payments in a:
• court order
enforcement
If you miss payments, one of the things the FRO can do is ask the Registrar of Motor Vehicles to
suspend your driver's licence.
If you're caught driving with a suspended license, the police can impound your car for 7 days. There
may be other penalties as well.
The FRO will mail you a document called a First Notice of Driver's Licence Suspension. Your
driver's licence will be suspended 30 days after the date in the notice.
To stop this, you must:
• Contact the FRO and pay all arrears. This means you bring your payments up to date by
paying what you owe.
• Contact the FRO and make a voluntary payment plan where you agree to a payment
schedule you can afford. The FRO usually requires that you make your monthly support
payments plus an additional amount toward the support owing.
• Go to court within 30 days and ask that your driver's licence not be suspended. This is called
getting a refraining order.
You may decide to get a refraining order because:
• You cannot reach a payment agreement with the FRO.
• You believe that the amount of support you pay should be changed.
• You have already applied to change the amount of support you pay.
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1. Fill out your court forms

You must usually go to the same level of court that made your support order or has your separation
agreement filed with it.
There are three courts that deal with family law issues in Ontario. These are the:
• Ontario Court of Justice
• Superior Court of Justice
• Family Court branch of the Superior Court of Justice
So, if the Superior Court of Justice made the order, you go back to a Superior Court of Justice in the
jurisdiction that you or your partner currently lives to change it.
• Form 14: Notice of Motion, where you to tell the judge that you want a refraining order.
• Form 14A: Affidavit, where you give reasons for needing your driver's licence, information
on your financial ability to make support payments, the payments that have been made, and
your evidence. Make sure you give truthful, clear, and specific reasons. An Affidavit must be
sworn or affirmed. This means you are promising that the information in the document is
true. It is against the law to not tell the truth when you swear or affirm your Affidavit.
• Form 13: Financial Statement, that gives information about your finances such as the
amount of your income, living expenses, and assets and debts.
English.
You also need the following supporting documents:
• a copy of your First Notice of Driver's Licence Suspension
• a copy of your support order
• your FRO case number (found on the First Notice)
• your court file number (found on the support order)
• two pieces of identification, including valid photo identification such as a driver's licence,
passport, or photo health card
• proof of income over the last three years including all years where support was not being
paid in full
Once you have filled out your forms, you must call or go to the courthouse to get a date for your
motion. This date must be before deadline date on your First Notice. Write this date down on the
Notice of Motion.
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2. Give your forms to the FRO

You must serve the Family Responsibility Office (FRO) at least four days before your motion date.
If you have less than four days, make sure you serve them as soon as possible.
This means you have to give a copy of your documents to the FRO so that they know about your
court date and the evidence you will be using at court. There is a guide on how to serve documents.
You can do this by fax, mail, or delivery:
Fax: 416-240-2402
Mail:
Legal Services Branch
Ministry of Children, Community and Social Services
7th Floor - 125 Sir William Hearst Avenue
North York, ON
M3M 0B5
After you serve your forms on the FRO, you must fill out a Form 6B: Affidavit of Service. This
form tells the court that you gave the FRO a copy of your documents. It must be filed with the
court. There is a guide on how to file documents.
An Affidavit must be sworn or affirmed. This means you are promising that the information in the
document is true. It is against the law to not tell the truth when you swear or affirm your Affidavit.
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3. Take your forms to court

After you serve the Family Responsibility Office (FRO), take your original documents to the
courthouse and file them.
You file your documents at the court counter with the help of the court clerk. There is a guide on
how to file documents.
You must file your documents at least four days before your court date. If you have less than four
days, make sure you file your documents as soon as possible.
You need to file your:
• Form 14: Notice of Motion
• Form 14A: Affidavit
• Form 13: Financial Statement
• Form 6B: Affidavit of Service
Your court file is called the continuing record. It has all the important documents in your case that
you want the judge to look at.
The continuing record has 2 parts:
• The endorsement volume has all the endorsements and court orders the judge made in your
case. An endorsement is the written directions a judge gives you and your partner that says
what you must do or not do.
• The documents volume has most of the documents you and your partner file in your case.
For example, your Applications, Answers, Replies, affidavits of service, financial
statements, motions, and affidavits.
When you add a document to the continuing record, you also have to update the table of contents by
listing each document you're filing. Court staff can help you make a continuing record and may help
you figure out where a document goes.
If you have a separation agreement, you may not have a continuing record yet. In that case, the
court may ask you to create one.
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4. Confirm your court date

You must tell the court that you will be at your motion date and that you're ready to go ahead.
You do this by filling out a Form 14C: Confirmation form. Write down the amount of time you
think you'll need, the specific issues that will be discussed, and the documents the judge should
read.
You can fax the form or take it to the courthouse in person.
Do this no later than 2:00 p.m. at least two days before your motion date. If you miss this deadline,
the court may not hear your motion.
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5. Go to your court hearing

The day's list of cases is usually posted on a board near the entrance to the court or outside the
courtroom. If you have trouble finding it, ask at the court counter.
Make sure you bring copies of all of the documents you filed with the court.
Before you see the judge, you should talk to duty counsel if they are available in your court
location. These are lawyers in family court that can give you some legal advice and help the day
you're in court if your income is low enough.
You should also talk with the lawyer from the Family Responsibility Office (FRO). They will call
your name in the waiting room. You may be able to make a voluntary payment plan where you
agree to a payment schedule you can afford.
The FRO usually requires that your payment plan include your monthly support payments plus an
additional amount toward the support owing. The FRO cannot agree to change the amount of
support.
If you and the FRO lawyer agree on payment terms, you can get a refraining order on consent. This
means you both agree to the order. If you do not reach an agreement, the judge decides.
The judge will have all the documents you filed. The judge may have questions for you, so be
prepared to speak in the courtroom. You should stand up when speaking to a judge. Remove your
hat and don't chew gum when you're in court. And turn off your cellphone.
If you're successful and the judge gives you a refraining order, you must start a motion to change
your support order within 20 days. A motion to change is the only way to change the terms of the
support agreement or order.
If you don't do this, the FRO can ask the Registrar of Motor Vehicles to suspend your driver's
licence.
The judge may also make other orders, like asking you to:
• Provide financial information to the FRO.
• Make ongoing payments of spousal support.
• Make payments on the arrears, that is, the support payments owing.
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Trying to get spousal support

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4. Go to court to change support

End support payments

(I) What is spousal support?

1. Check if you meet the definition of "spouse"

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2. Figure out who is entitled to spousal support

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3. Calculate the amount of spousal support

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4. Check the guidelines for exceptions

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(II) How much spousal support must be paid?

1. Figure out how much you each make

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3. Check the guidelines for exceptions

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4. Think about retroactive support

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(III) Can I get spousal support?

1. Check if you meet the definition of "spouse"

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2. Figure out if you're entitled to spousal support

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3. Calculate the amount of spousal support

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4. Check the guidelines for exceptions

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5. Collect your spousal support

Paying taxes on the support you get

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(IV) Do I have to pay spousal support?

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4. Check the guidelines for exceptions

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Examples where the court may order you to pay more:

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(V) My partner isn't paying spousal support. What should I do?

1. Talk to your partner

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2. Get help from a family law professional

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3. Get help from the Family Responsibility Office

You have a court order

You have a separation agreement

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