How to File a Motion to Modify Child Support in Toronto
Toronto parents who have existing child support orders may need a child support modification for some reason. A modification is a change in the payment amount that the noncustodial parent submits to the custodial parent on a weekly, biweekly or monthly basis. Several reasons may exist for such a modification. The receiving parent may suffer from a sudden illness, the loss of a job, or a change in pay rate. The parent who makes the payments may also suffer such unforeseen changes and need to request a change in the order.
Filing for a Child Support Modification in Toronto
Requesting a child support modification requires the submission of very specific documents to the courts. The parent who is interested in modifying the order must either seek the help of an experienced family law attorney or try to file the paperwork alone. While filing alone may save the person a few dollars, having an attorney to guide the person through the process is the best recourse.
With the help of an attorney, the plaintiff can rightfully express his or her hardship and present documentation of such in the most professional fashion. The attorney can complete the paperwork, file the paperwork, and represent the person in court on the determination date.
Some parents communicate with each other, and they agree to change the amount of child support on their own. These parents would also need to file with the courts for a modification. In such a situation, the courts may not request as much income documentation. However, it is still advisable for an attorney to be present to ensure that the process goes smoothly.
Grounds for Child Support Modification
As previously stated, a direct change in income for either parent is acceptable grounds for a modification. The courts may also grant a modification if the custodial parent has an increase in childcare expenses, medical expenses for the child, or educational expenses. The judge will consider this information and perform a recalculation of the child support based on the new information provided by the requesting parent.
What to Bring to Court
For a modification hearing, both parties should bring pay stubs from every job that either of them has. The attendants should also bring proof of all the bills and expenses. The judge needs this information to gauge the cost of living for both parents, so that he or she can be fair to both sides. The presiding judge will try to award the custodial parent with the money he or she needs without making it impossible for the non-custodial parent to pay. Basically, a child support modification request will be granted if the new arrangement seems balanced enough to suit both parties.
A family lawyer can help guide you through the difficult process that lay ahead. At Fine & Associates our family and divorce lawyers are ready to answer any questions that you may have.