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Ontario|FamilySupport 117 Where to go to file for child or spousal support Three courts in Ontario have the power to make orders for child and spousal support: the Superior Court of Justice, the Family Court of the Superior Court of Justice and the Family Court of the Ontario Court of Justice. All three courts may award payments and lump sums of support but the courts treat child and spousal support as separate issues.
The Family Court of the Superior Court of Justice has jurisdiction over all legal disputes involving the family and is normally the best place to seek an order for support. However, the Family Court of the Superior Court of Justice exists only in the following 18 areas of Ontario:
- Regional Municipality of Durham
- County of Frontenac
- County of Haliburton
- Regional Municipality of Hamilton-Wentworth
- County of Lanark
- United Counties of Leeds and Grenville
- County of Lennox and Addington
- County of Middlesex
- Territorial District of Muskoka
- Regional Municipality of Niagara (note: only the former Lincoln County)
- County of Northumberland
- Regional Municipality of Ottawa-Carleton
- County of Peterborough
- United Counties of Prescott and Russell
- County of Simcoe
- United Counties of Stormont, Dundas and Glengarry
- County of Victoria
- Regional Municipality of York
Toronto does not have a Family Court of the Superior Court of Justice. In Toronto, both the Superior Court of Justice and the Ontario Court of Justice are subject to the Toronto Family Case Management Rules for most legal disputes involving the family. These rules are designed to reduce unnecessary cost and delay in family litigation by establishing a strict timetable for the various steps of a legal claim.
In jurisdictions that do not have a Family Court of the Superior Court of Justice, both the Superior Court of Justice and the Family Court of the Ontario Court of Justice may hear claims for child and spousal support. However, the Ontario Court of Justice does not have the jurisdiction to hear cases involving property claims or divorce. If your claim for child or spousal support also involves a claim for property or divorce, and you reside in an area of Ontario which does not have a Family Court of the Superior Court of Justice, you will have to follow the normal procedures for filing an application at a Superior Court of Justice.
- Procedures for support applications in Family Court
In order to seek an order for child or spousal support at a court, you must file an application. The family courts can also provide you with information about other methods of addressing your dispute, such as mediation. Proceedings in the Family Court branch of the Superior Court of Justice and the Ontario Court of Justice are now governed by the Family Law Rules. These new rules use language that is intended to be easier to understand than that of the normal Rules of Civil Procedure. The following is a brief outline of what is involved in filing an application for support at a Family Court of the Superior Court of Justice or the Ontario Court of Justice.
Except for emergency situations, you should bring your Application for child or spousal support to the Family Court in the municipality in which you reside. Your Application needs to consist of the following 7 documents:
- an Application (Form 8);
- an Affidavit of Service (Form 6B);
- a Table of Contents page for the Continuing Record;
- a Financial Statement (Form 13), to which must be attached your tax returns and Notice of Assessments for the past 3 years;
- if you don't have ready access to your tax returns and Notice of Assessments for the past 3 years, you should also obtain a Direction to Department of National Revenue - Taxation (Form 13A);
- a Support Deduction Order Information Form (SDOIF); and
- if you have had previous cases in the Family Court, you will need a Summary of Court Cases (Form 8E).
All of these documents can be obtained from the court.
When you have completed all of the above documents, you may take the Application to the Family Court office. Your case will be assigned a court file number and you will be given a court date.
After your case has been assigned a file number and court date, you must arrange to provide your former partner with a copy of your Application, Financial Statement, Table of Contents page and a blank copy of a Form 10, called an "Answer" and a blank copy of a Financial Statement. The Family Law Rules stipulate that you must normally provide these documents directly to your former partner. This means that you cannot simply fax or mail the documents.
If you do not have someone to serve the documents for you, you may employ a process server or seek help at the family court office. It is not advisable to serve the documents yourself. After serving the documents, the person you chose to serve your former partner must complete an Affidavit of Service - Form 6B.
Once your former partner has been served, you must return to the court office with the completed Affidavit of Service and fill out a document called a "Continuing Record". In most cases, the next steps will depend on whether your former partner files an Answer (Form 10), and whether you choose to file a subsequent Reply (Form 10A). If your former partner does not file an Answer within 30 days, the court's clerk may set a date for an uncontested trial. In that case, a judge may make a ruling based upon your uncontested affidavit and accompanying documentation. If your former partner does file an Answer, and you are not seeking emergency support, the next steps will generally involve a case conference between you, your former partner and a judge, and may also involve court proceedings. It is highly advisable to seek legal help if you choose to proceed in court.
Because the court process may take several months, you may also apply for an interim support order if your situation requires it.
For information on other Family Law matters, refer to other sections of Legal Line . For legal advice and assistance, contact a lawyer.
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