In many Ontario family courts, before a judge will hear your Motion to Change child support, you must attend a mandatory Dispute Resolution Officer (DRO) hearing. A DRO is an experienced senior family lawyer who reviews your case and attempts to help you settle out of court, saving both time and money.
Understanding the Mandatory DRO Process in Ontario
Family courts in Ontario are severely backlogged, and getting a trial date can take years. To combat this, courts in busy jurisdictions like Toronto, Brampton, Milton, and Oshawa use the Dispute Resolution Officer (DRO) program. If you or your ex-partner file a Motion to Change an existing child support order or spousal support agreement, the court will likely divert you to a DRO before you ever see a judge. 💵
A DRO is not a judge; they are highly experienced, senior family lawyers appointed by the Superior Court of Justice to act as neutral evaluators. Their job is to listen to both sides, review your financial disclosure, and give you a blunt assessment of what a judge would likely order if you went to trial. Because their opinions hold immense weight, walking into a DRO hearing unprepared is a major mistake. Finding a strong legal advocate from our directory ensures your case is presented flawlessly. ⚖
Step-by-Step Process in Ontario: Navigating a DRO Hearing
The DRO process is slightly less formal than a trial, but it still requires strict adherence to court rules and deadlines. Here is how a standard motion for changing support flows through the DRO system. 📝
Step 1: Filing the Motion to Change (Form 15)
The process begins when one parent experiences a “material change in circumstances”-such as losing a job or getting a massive promotion. You or your lawyer will file a Form 15 (Motion to Change) at the local Family Court branch, asking to adjust the child support amount. Filing a Motion to Change to adjust child support is completely free ($0 CAD) of court fees in any Ontario family court, including both the Ontario Court of Justice and the Superior Court of Justice. 📄
Step 2: Serving Comprehensive Financial Disclosure
Child support cases run on numbers. Generally, before the DRO hearing, parents must provide three years of Notices of Assessment (NOA), tax returns, and recent pay stubs. While many cases require completing a Form 13 (Financial Statement), under Family Law Rule 13(1.3), a Financial Statement is not mandatory if the only financial claim is for basic table child support without any special or extraordinary Section 7 expenses or spousal support. However, if your required disclosure is missing, the DRO cannot calculate the child support guidelines properly. 📊
Step 3: Attending the DRO Case Conference
On the day of the hearing, you, your co-parent, and your lawyers will meet with the DRO in a private conference room (or via Zoom). The DRO will point out the strengths and weaknesses of each side. For example, if you are intentionally underemployed, the DRO will warn you that a judge will likely impute income to you anyway. 👤
Step 4: Drafting a Consent Order
If the DRO’s reality check works, both parents might agree to a new child support number on the spot. Your lawyers will draft a “Consent Order” reflecting this agreement. The DRO will endorse it, and a judge will sign it into law without you ever needing a trial. 🔒
Step 5: Proceeding to a Judge (If Unsettled)
If one parent stubbornly refuses to settle, the DRO will write a brief report outlining what was discussed and which parent was being unreasonable. You will then be given a date to argue your case in front of an actual judge, who will read the DRO’s notes before making a binding decision. 🚩
How Much Does it Cost in Ontario?
The DRO service itself is a free program provided by the Ontario Ministry of the Attorney General. However, you still have to pay your own legal team to prepare the massive amount of paperwork required for the hearing. 💰
| Service / Legal Action | Estimated Cost in CAD |
|---|---|
| Court Filing Fees | Filing a Motion to Change to adjust child support is completely free ($0 CAD) in any family court in Ontario (under O. Reg. 417/95). |
| Lawyer Preparation & Drafting | Drafting the Form 15, Financial Statements, and briefs costs $2,000 to $4,500 CAD. |
| Lawyer Attendance at DRO | Having a lawyer represent you at the 1-2 hour hearing usually costs $500 to $1,500 CAD. |
How Long Does the Process Take?
Getting a DRO date is significantly faster than getting a trial date. After filing your Motion to Change, you will typically be scheduled for a DRO hearing within 2 to 4 months. The actual hearing lasts about 60 to 90 minutes. If you settle that day, the final court order is usually processed and signed by a judge within 3 to 6 weeks. ⏳
Frequently Asked Questions (FAQ)
Can a DRO force me to accept a settlement?
No. A Dispute Resolution Officer does not have the legal authority to make a final binding order unless both parents agree to it on consent. Their power lies in persuasion and explaining how a judge would likely rule.
Do I have to bring a lawyer to a DRO hearing?
It is not legally required, but it is highly recommended. DROs speak in legal terms based on the Child Support Guidelines. Having a lawyer ensures you do not accidentally agree to an unfair calculation.
What happens if my ex-partner doesn’t show up?
If the other party was properly served and fails to attend the DRO hearing, the DRO will note their absence. You can then ask a judge to proceed with an uncontested motion, potentially winning the child support change by default.
Is everything said in a DRO hearing strictly confidential?
Yes, settlement discussions are generally “without prejudice.” This means that if you offer to settle for a specific amount at the DRO hearing and it fails, that offer cannot be used against you later in front of a judge.
Leave a Reply