In Ontario, you do not have to wait years for a family trial to get child support. You can file an “Interim Motion” at the family court to secure immediate, temporary monthly payments based on the Child Support Guidelines. Filing an interim motion is completely free of court fees, and orders can often be secured in 4 to 8 weeks.
Navigating a separation in Ontario can be a painfully slow process. The family court system in cities like Toronto, London, and Ottawa is heavily backlogged, and waiting for a final trial to settle your divorce and parenting issues can take two to three years. However, children need food, clothing, and shelter today. If your ex-partner is refusing to contribute financially, you cannot afford to wait for a final trial decision.
Ontario family law provides a powerful tool called an Interim Motion. ⚠ This is a temporary order made by a judge that remains in place until your final trial or settlement. Because child support is considered the right of the child, judges prioritize these motions. The court will apply the mandatory federal or provincial Child Support Guidelines to the payor’s income, ensuring your children are supported immediately while the broader legal battles continue.
Step-by-Step Process to Get Interim Child Support in Ontario
Filing a motion requires strict adherence to the Family Law Rules. A misstep in your paperwork can cause a judge to dismiss your request, delaying your payments. Here is the standard procedure to secure interim support.
Step 1: Start a Family Law Application
You cannot file a motion out of nowhere; there must be an active case. 📁 If you haven’t already, you must file a Form 8 (Application) at the local Superior Court of Justice or Ontario Court of Justice. This document outlines everything you are asking for in the long term, including decision-making responsibility, parenting time, and final child support.
Step 2: Prepare Your Motion Materials (Forms 14 and 14A)
To request immediate money, your law firm will help you draft a Form 14 (Notice of Motion) and a Form 14A (Affidavit). The Affidavit is your sworn, written statement telling the judge exactly why you need the money now, the current living situation of the children, and any details about your ex-partner’s income or refusal to pay. You must stick to the facts and avoid emotional rants.
Step 3: Complete a Financial Statement (Form 13 or 13.1)
Financial transparency is mandatory in Ontario. 💵 You must complete a sworn Financial Statement detailing your income, expenses, assets, and debts. If you are only asking for base child support, your income might matter less, but if you are requesting contributions for Section 7 special expenses (like daycare, braces, or tutoring), both parents’ incomes must be proven using recent T1 tax returns and current pay stubs.
Step 4: Serve the Documents and File with the Court
Once your documents are sworn, they must be officially “served” (delivered) to your ex-partner or their lawyer. After serving them, you must file a Form 6B (Affidavit of Service) along with your motion materials at the courthouse. Your ex will then have a few weeks to file responding materials.
Step 5: Attend the Motion Hearing
You and your lawyer will attend a motion hearing before a judge (often held virtually via Zoom in Ontario). 👤 Unlike a trial, there are usually no live witnesses at a motion. The judge makes a decision based entirely on the written Affidavits and the arguments presented by the lawyers. If successful, the judge will issue an Interim Order for child support, which is immediately enforceable by the Family Responsibility Office (FRO).
How Much Does it Cost in Ontario?
While an interim motion gets you money faster, it still requires an upfront financial investment. 💲 As of June 2026, here are the typical costs associated with filing for interim child support in Ontario:
| Filing / Legal Expense | Estimated Cost (CAD) |
|---|---|
| Filing the Initial Application (Form 8) | $0 CAD (or $214 CAD if including divorce/property claims) |
| Filing the Notice of Motion (Form 14) | $0 CAD (No court fee for family motions) |
| Lawyer Fees for a Contested Motion | $3,000 – $8,000+ CAD depending on how aggressively the ex fights the income assessment. |
How Long Does the Process Take?
From the day you decide to file a motion to the day you stand before a judge, the timeline is typically 4 to 8 weeks. However, if the matter is a true emergency (e.g., your ex emptied the joint bank account and you cannot buy groceries or pay rent), your lawyer can file an “Urgent Motion” or “Ex Parte Motion,” which can sometimes be heard by a judge in just a few days.
Frequently Asked Questions (FAQ)
What if my ex works for cash or hides their income?
If your ex is intentionally underemployed or hiding cash income, an Ontario judge has the power to “impute” income. This means the judge will estimate what they actually earn (or are capable of earning) based on their lifestyle and past jobs, and base the child support on that fictional number.
Can the interim support order be changed later?
Yes. An interim order is temporary. If new evidence of income is discovered during the discovery phase, or if the parenting schedule changes significantly at the final trial, the final child support order will replace the interim one. Sometimes, a judge will order a retroactive adjustment.
What if they simply don’t show up to the motion?
If you have proof that your ex was properly served with the motion materials and they choose to ignore it, the judge will typically proceed without them. The judge will likely grant the order based solely on your evidence, and the Family Responsibility Office (FRO) will begin enforcing it.
Will the Family Responsibility Office (FRO) collect interim support?
Absolutely. Interim child support orders are automatically filed with the FRO in Ontario, just like final orders. The FRO can garnish your ex’s wages, suspend their driver’s licence, or intercept their tax return to ensure you get the temporary support.
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