- April 20, 2024
- Posted by: legaleseblogger
- Category: Related News
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## Situation Overview
Hello, I am currently facing a challenging situation regarding my child custody arrangements. I have a final court order that allows me to see my child every other weekend. However, my child resides in Scarborough with their mother while I am located in Hamilton. The initial court order was made under specific circumstances where the mother was pregnant with another man’s child and unable to drive due to the lack of a driver’s license. Given my job and the lack of inconvenience at the time, I agreed to pick up my child when needed.
## Current Challenges
Over a year and a half later, the mother has served me with court papers again, seeking to restrict my visitation rights and determine when I can see my child without my input. Due to unforeseen circumstances such as losing my job last September and relying on unemployment benefits, my financial situation has significantly worsened. Despite making child support payments and sharing a portion of my unemployment benefits with the mother through FRO, I am left with minimal funds to sustain myself and my two young sons.
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You need legal aid first and foremost. Second explain to your lawyer about the financials, currently they are causing you undue hardship and things should be adjusted. Going to be hard to pay support when you’re living in a cardboard box under a bridge.
There is an online process you can use to seek a change to child support because your income has changed. You can find more information at https://stepstojustice.ca/questions/family-law/can-i-use-ontarios-online-child-support-service-change-child-support/
Not every situation is eligible and if they can’t do the recalculation for you (or if you’d prefer to proceed in court) you need to go to court.
In your case, given (a) your ex is going to court to change parenting time, and (b) you also want to go to court to change parenting time, you might be best off just having it all dealt with in the same motion.
You have 30 days from being served with the Form 15 to file a Form 15B. In the Form 15B you would explain why you disagree with her request to change the order. You will also need a Form 35.1 affidavit. You probably want to file it at least a few days before the first appearance, however, so the judge understands the issues in dispute and can issue directions accordingly.
There is also a page where you can make your own requests to change the order, where you can ask for a change to both the parenting time and child support provisions. You can put in the information about your change of income and also the hardship it’s causing your ability to care for your other two children. Generally however it’s very difficult to get the court to order you to pay less than the child support guidelines (based on your actual income).
Depending on your current income you may be able to get help from a Legal Aid lawyer. Otherwise you may be able to get help from a family law service centre or a family law information center with understanding and filling out the forms. On the day of the hearing you may be able to get help from duty counsel.
In the future when you have a material change in income you want to use the online service right away.