Yes, child support agreements can be changed in Ontario. This is typically done when there is a significant change in circumstances that affects the amount of child support that should be paid.

For example, if the payor’s income significantly increases or decreases, or if the child’s living arrangements or needs change, the child support agreement may need to be revised.

The process for changing a child support agreement depends on whether the agreement is part of a court order or a private agreement:

  1. Court Order:If the child support agreement is part of a court order, either party can apply to the court to vary (change) the order. This is governed by section 37 of the Family Law Act and section 17 of the Divorce Act all with reference to Section 14 of the Child Support Guidelines.
  2. Private Agreement:If the child support agreement is a private agreement (not part of a court order), the parties can agree to change the agreement. If the parties cannot agree, one party can apply to the court to have the agreement changed. The court will then decide whether to change the agreement based on the best interests of the child.

It’s important to note that the responsibility to request a review or modification of child support typically falls on the parties involved. The court or a child support service does not automatically review child support orders or agreements on an annual basis.

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