If you quit your job to return to school in Ontario, a family court judge will not automatically reduce your child support. You must prove the retraining is realistic and will financially benefit your child in the long run, otherwise the court may “impute” your old income and force you to pay as if you were still working full-time.
Career transitions are a normal part of life. Whether you are a factory worker in Hamilton transitioning into IT, or a retail manager in London going back to college for nursing, upgrading your education is often a smart move. However, if you are a parent with child support obligations, suddenly dropping your income to zero to attend post-secondary education creates a massive legal conflict.
In Ontario, a parent’s primary legal obligation is to financially support their children. You cannot simply decide to become a full-time student and leave your co-parent to shoulder 100% of the child-rearing costs. Family courts treat sudden drops in income with high suspicion, often viewing it as “intentional underemployment.” If you plan to return to school, navigating this transition without violating an existing court order requires strategic planning. Engaging a knowledgeable family law firm from our directory can help you present a compelling case to a judge or your ex-partner. 📚
Step-by-Step Process for Modifying Support for Retraining
You cannot simply email your ex-partner and the Family Responsibility Office (FRO) to say you are in school now. Changing your child support requires following a strict legal protocol under the Federal Child Support Guidelines.
Step 1: Assess the Risk of Imputed Income
Under Section 19 of the Guidelines, an Ontario judge has the power to “impute” income. This means the judge pretends you are still making your old salary and bases your child support on that phantom income. Before quitting your job, you must build a strong case proving that your current career path is a dead end (e.g., medical issues, industry layoffs) and that retraining is a necessity, not just a hobby.
Step 2: Gather Evidence of Future Benefit
To convince a judge (or your co-parent) to temporarily reduce your support, you must prove that the short-term pain will lead to long-term gain for the child. You should assemble evidence such as the acceptance letter from an accredited Ontario college or university, the exact duration of the program, and labor market research showing the high starting salary of your new profession.
Step 3: Negotiate a Temporary Consent Agreement
Litigation should be your last resort. Your lawyer will draft a proposal to your co-parent. This proposal might suggest temporarily reducing child support for the 2-year duration of your diploma, perhaps offset by you utilizing student loans to pay a partial amount. If your ex-partner agrees, your lawyers will draft a “Consent Dispute Resolution” or an updated Separation Agreement, which saves everyone thousands in court fees. 🤝
Step 4: File a Motion to Change (Form 15)
If your ex-partner refuses to cooperate, your only option is to file a Motion to Change (Form 15) at the Superior Court of Justice or the Ontario Court of Justice. You must formally ask a family judge to legally reduce your monthly child support obligation. You will file a sworn Financial Statement (Form 13) showing your new student budget.
Step 5: Continue Paying Until the Order is Signed
This is the most critical rule in Ontario family law. A court order is valid until a judge officially changes it. While you are waiting for your court date, you must continue paying your original child support amount. If you unilaterally stop paying because you are in school, the FRO will drastically garnish your bank accounts or suspend your driver’s licence.
How Much Does it Cost in Ontario?
Securing a legal reduction in child support involves professional fees. Here are the estimated costs in Canadian dollars (CAD):
| Legal Action | Estimated Cost (CAD) | Details |
|---|---|---|
| Drafting a Consent Agreement | $1,000 – $2,500 | If both parents agree to the temporary support reduction. |
| Filing a Motion to Change (Contested) | $3,500 – $10,000+ | Lawyer fees if you must fight the underemployment claim in court. |
| Court Filing Fees | Variable | Varies depending on the specific Ontario court and motion type. |
How Long Does the Process Take?
If both parents are amicable and agree that the retraining is beneficial, a Consent Agreement can be drafted and filed with the court within 3 to 6 weeks. However, if your co-parent accuses you of dodging your responsibilities and the matter goes to a contested family court hearing, it can take 6 to 10 months for a judge to hear the case and issue a new order. Plan your school enrollment accordingly. 📅
Frequently Asked Questions (FAQ)
What if I was laid off and forced to return to school?
If your industry collapsed or you were laid off, Ontario judges are much more sympathetic to a temporary support reduction. Because the job loss was involuntary, courts are less likely to impute your old income, provided your retraining plan is realistic and designed to get you back into the workforce quickly.
Can I use OSAP or student loans to pay child support?
Yes. While OSAP (Ontario Student Assistance Program) is meant for educational and living expenses, many parents use a portion of their living allowance loans to maintain a reduced child support payment. Judges view this favorably, as it shows you are making every effort to support your child while studying.
Will the FRO pause my payments while I am in college?
No. The Family Responsibility Office has no legal power to pause or change your support amount based on your school enrollment. They strictly enforce the exact dollar amount written on your current court order. Only a judge can reduce the amount.
Does my child’s age matter if I go back to school?
Yes. Judges heavily weigh the immediate needs of the child. If you have a toddler who requires expensive daycare, a judge is much less likely to allow you to quit your job to study. If your child is 16 and their basic needs are easily met by the co-parent, the court may be more flexible.
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