In Ontario, you can file a Form 15A (Motion to Change) at any time to modify an existing spousal support order, provided you can prove a “material change in circumstances.” Whether you lost your job, suffered a serious illness, or your ex-spouse started cohabiting with a new partner, acting quickly under Rule 15 is essential to adjust the payments fairly.
Understanding Rule 15 and Spousal Support Changes
Life is unpredictable. The spousal support arrangement that seemed perfectly fair when you finalized your divorce three years ago might now be financially devastating. Under Ontario family law, a final order is generally meant to be final. However, the Superior Court of Justice recognizes that significant life events warrant a fresh look at the numbers.
The legal mechanism for altering an existing court order or a filed separation agreement is governed by Rule 15 of the Family Law Rules. 📑 To be successful, you must cross a specific legal threshold: proving a “material change in circumstances.” This means the change must be substantial, it must be ongoing, and it must be a situation that was not reasonably anticipated when the original order was signed.
For instance, an unexpected job loss, a forced early retirement due to health issues, or discovering that the recipient spouse is now living with a wealthy new partner in Toronto or Mississauga can all qualify. It is critical not to simply stop paying support if you lose your job. The Family Responsibility Office (FRO) will still enforce the old amount until a judge formally signs a new order. Consulting a local law firm immediately is your best strategy to stop arrears from piling up.
Step-by-Step Process for Filing a Motion to Change
A Motion to Change can be either on consent (where both parties agree) or contested (where you have to fight it out in court). The procedure requires flawless paperwork to avoid immediate dismissal by the judge.
Step 1: Identifying the Material Change
Before filing any forms, you must gather hard evidence of your material change. 📷 If you lost your job, you need your termination letter, records of your employment insurance (EI), and proof that you are actively applying for new jobs. If you are retiring, you need medical notes or pension documents. The court will not lower your payments if you intentionally quit a well-paying job just to avoid support.
Step 2: Updating Your Financial Disclosure
Because you are asking the court to recalculate money, you must lay bare your current finances. You must complete a new Form 13.1 (Financial Statement) detailing your current income, expenses, and debts. Your ex-spouse will also be legally required to provide their updated financial information to recalculate support under the Spousal Support Advisory Guidelines (SSAG).
Step 3: Attempting a Consent Order (Form 15C)
Litigation is expensive, so it is always best to try negotiating first. 🗣️ Your lawyer can present the evidence of your job loss to your ex-spouse. If they agree that the support should be reduced or terminated, you can jointly file a Form 15C (Consent Motion to Change) along with a Form 15D (Draft Order). A judge will typically approve this “over the counter” without requiring a court appearance.
Step 4: Filing the Form 15A (Motion to Change)
If your ex-spouse refuses to negotiate, you must file a contested Form 15A (Motion to Change). This document outlines exactly what parts of the old order you want changed and your legal grounds for doing so. This must be filed at the same Ontario courthouse that made the original order, or in the municipality where the recipient currently resides.
Step 5: Serving and Scheduling Conferences
The filed motion must be personally served on your ex-spouse. 📬 They have 30 days to file a Form 15B (Response to Motion to Change). In many Ontario jurisdictions, such as Brampton or Ottawa, the court will require you to attend a Dispute Resolution Officer (DRO) Conference or a Case Conference before you can argue the motion in front of a judge.
How Much Does it Cost in Ontario?
The cost of modifying support depends entirely on whether your ex-spouse is willing to accept the reality of the material change or if they intend to fight it to the bitter end. 💰
- Court Filing Fees: As of May 2026, the fee to file a contested Motion to Change in the Superior Court of Justice is roughly $167 CAD.
- Uncontested (On Consent): If you both agree and simply need a lawyer to draft the Form 15C Consent Motion to ensure it is legally binding, expect to pay $1,500 to $3,000 CAD.
- Contested Lawyer Fees: If your ex-spouse fights the reduction and the matter goes through Case Conferences and a final motion hearing, legal fees typically range from $5,000 to $15,000+ CAD.
- Cost Awards: If your ex-spouse unreasonably refuses to lower support after seeing clear evidence of your job loss, an Ontario judge can order them to pay a large portion of your legal fees.
Examples of Material Change in Circumstances
| Life Event | Is it a Material Change? |
|---|---|
| Involuntary Job Loss / Layoff | Yes. If you are laid off due to corporate restructuring and cannot find similar pay, courts will usually adjust support. |
| Voluntarily Quitting to Return to School | Usually No. Courts view this as intentionally lowering your income, and will likely “impute” your previous income and keep support the same. |
| Recipient Moves in with New Wealthy Partner | Yes. Cohabitation significantly reduces the recipient’s living expenses, which directly affects their financial need for your support. |
| Standard Cost of Living Increases (Inflation) | No. Inflation is expected, and standard orders usually account for modest changes. It must be a severe, exceptional change. |
How Long Does the Process Take?
Acting quickly is vital because courts rarely backdate support reductions to a time before you formally served the motion. If both parties agree to a Form 15C Consent Motion, a judge can sign off on it in 3 to 6 weeks. However, if the matter is highly contested, obtaining financial disclosure, attending a Case Conference, and waiting for a court date for the final arguments can take 6 to 12 months.
Frequently Asked Questions (FAQ)
Can I just stop paying the FRO if I lose my job?
No. The Family Responsibility Office (FRO) cannot stop enforcing an order just because you call them and say you lost your job. They will continue to rack up arrears and may suspend your driver’s licence. You must secure a new court order to legally lower the payments.
Is retirement a guaranteed reason to end spousal support?
Not guaranteed. Generally, retiring at the standard age of 65 is considered a material change. However, if you attempt to retire early at 55 while your ex-spouse still relies heavily on your support, the judge may refuse to reduce the payments.
What if my income went up? Will I pay more?
Possibly. If your income drastically increases after the divorce, your ex-spouse can file a Motion to Change asking for more support, provided they can prove they still have a financial need or that the original order tied support to your ongoing income growth.
Do we have to go to court if we both agree to the change?
No. If you both agree, your lawyers can file a Consent Motion to Change (Form 15C). The judge will review the paperwork in their chambers and, if the terms comply with the Spousal Support Advisory Guidelines, they will sign the new order without anyone stepping foot in a courtroom.
How far back will the judge backdate the reduction?
Judges have the discretion to order “retroactive” changes. Usually, they will only backdate the reduction to the date you officially filed your Motion to Change. This is why it is critical to file your motion the moment the material change (like a job loss) occurs.
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