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To bring a motion, you need to: ask the court for a motion date. identify and fill out your motion forms. serve and file your motion forms. confirm that you will attend the motion. go to your motion hearing. receive the judge's decision.
A motion to change is the process you use to ask a judge to change a final court order for: support payments made at least six months ago (unless the court gave you permission to return sooner). You can also ask the judge to change an agreement for support payments that the court enforces.
To bring a consent motion to change child support only, you will need to complete: Form 15D: Consent Motion to Change Child Support. In this form, you and the other party give the court information about your current child support arrangement and the changes you have agreed on.
Refusing Child Support While any such agreement to refuse child support may be allowed outside of a court proceeding, the Supreme Court of Canada in Willick v Willick states that parties are not allowed to barter away child support, as it is the right of the child.
For motions on notice, you must serve your documents on the other party. To do this, you must follow Rule 14(11) of the Family Law Rules. The moving party must serve Form 14 and Form 14A on all the other parties not later than six (6) days before the motion.