74.1 (1) This rule applies where a person asks to vary only a provision of an interim or final order or an agreement that deals with child support and asks only for one or more of the following in the variation order: 1. An order that child support be paid, whether in accordance with the Child Support Guidelines or not, or an order that child support be terminated. 2. An order suspending, reducing or rescinding child support arrears. 3. An order setting a payment schedule for child support arrears. 4. Costs. (2) Despite subrule 11 (2), a person who asks for a variation order described in subrule (1) shall do so by motion. (3) Despite subrule 74 (2), the parties do not have to serve or file financial statements where they file an agreement in writing that financial statements are not required. (4) Where the parties have agreed on the terms of a variation order and the terms include only the matters referred to in paragraphs 1 to 4 of subrule (1), they shall file a variation information form in Form 24.1, a consent in Form 24.2, four copies of a draft variation order, a stamped envelope addressed to each of the parties, a support deduction order information form prescribed by the regulations under the Family Responsibility and Support Arrears Enforcement Act, 1996 and a draft support deduction order, but the parties do not need to serve or file a notice of motion. (5) The variation information form shall have attached to it as exhibits, (a) a copy of any existing interim or final order or agreement that deals with child support; (b) a copy of every personal income tax return filed by the payor for the three most recent taxation years and every notice of assessment or reassessment of the returns; (c) where the payor is an employee, proof of the current year’s earnings from the payor’s employer as provided in clause 21 (1) (c) of the Child Support Guidelines; and (d) where the payor is self-employed, is a partner in a partnership, controls a corporation or is a beneficiary under a trust, the material referred to in clauses 21 (1) (d) to (g) of the Child Support Guidelines. (6) Where, (a) the variation order asked for is for an amount other than only the table amount under the Child Support Guidelines; (b) the variation order asked for relates to a child over the age of 18 years, a child for whom the payor stands in the place of a parent or a child in respect of whom the payor has access or physical custody not less than 40 per cent of the time over the course of a year; (c) each party has custody of one or more children; or (d) the payor’s annual income as determined under the Child Support Guidelines is greater than $150,000, the variation information form shall also have attached to it as exhibits the following documents: 1. A copy of every personal income tax return filed by the recipient for the three most recent taxation years and every notice of assessment or reassessment of the returns. 2. Where the recipient is an employee, proof of the current year’s earnings from the recipient’s employer as provided in clause 21 (1) (c) of the Child Support Guidelines. 3. Any other material referred to in clauses 21 (1) (d) to (g) of the Child Support Guidelines. (7) Where the parties agree that the court should make an order for support not in accordance with the Child Support Guidelines because special provisions in an order or agreement directly or indirectly benefit a child or because reasonable arrangements have been made for support, the parties shall provide the evidence necessary to satisfy the court that it should make the order asked for. (8) Where the parties file the material required by subrules (4) to (7), they shall not appear in court and the clerk shall present the material to a judge. (9) The judge may grant the order sought or may require one or both of the parties to file further material or to appear in court. (10) Where the parties have not agreed on the terms of a variation order, notice of a variation motion shall be served, despite subrule 16 (3), (a) at least 30 days before the date on which the motion is to be heard, where the responding party resides in Canada or the United States of America; or (b) at least 60 days before the date on which the motion is to be heard, where the responding party resides elsewhere. (11) Where the parties have not agreed on the terms of a variation order, the party asking for the variation order shall serve and file, with proof of service, a notice of motion and either a variation information and consent form or an affidavit that sets out the matters referred to in subrule 74 (3) and, (a) particulars of the change asked for in child support, including any special or extraordinary expenses and, where applicable, any contribution that the support recipient or the child could; (b) particulars of the change in circumstances relied on and the reason for the change asked for in child support; (c) particulars of the support payor’s annual income and the Child Support Guidelines table amount for that income; (d) particulars of the support recipient’s annual income where, (i) the variation order asked for is for an amount other than only the table amount under the Child Support Guidelines, (ii) the variation order asked for relates to a child over the age of 18 years, (iii) the variation order asked for relates to a child for whom the payor stands in the place of a parent, (iv) the variation order asked for relates to a child in respect of whom the payor has access or physical custody not less than 40 per cent of the time over the course of a year, (v) each party has custody of one or more children, or (vi) the party claims that support in accordance with the Child Support Guidelines would cause undue hardship; (e) where the party claims that support in accordance with the Child Support Guidelines would cause undue hardship, the evidence required under subsection 10 (3) of the Child Support Guidelines; and (f) where the party claims that the court should make an order for support not in accordance with the Child Support Guidelines because of special provisions in an order or agreement that directly or indirectly benefit a child, the evidence necessary to satisfy the court that it should make the order asked for. (12) The party responding to the motion shall serve and file, with proof of service, an affidavit that, (a) sets out any disagreement with the contents of the variation information form or affidavit served under subrule (11) and corrects any errors in it; (b) where the party claims that support in accordance with the Child Support Guidelines would cause undue hardship, sets out the evidence required under subsection 10 (3) of the Child Support Guidelines; and (c) where the party claims that the court should make an order for support not in accordance with the Child Support Guidelines because special provisions in an order or agreement directly or indirectly benefit a child, the evidence necessary to satisfy the court that it should make the order asked for. (13) The payor shall attach as exhibits to the variation information form or affidavit required by subrule (11) or (12), (a) a copy of every personal income tax return filed by the payor for the three most recent taxation years and every notice of assessment or reassessment of the returns; (b) where the payor is an employee, proof of the current year’s earnings from the payor’s employer as provided in clause 21 (1) (c) of the Child Support Guidelines; and (c) where the payor is self-employed, is a partner in a partnership, controls a corporation or is a beneficiary under a trust, the material referred to in clauses 21 (1) (d) to (g) of the Child Support Guidelines. (14) Where, (a) the variation order asked for is for an amount other than only the table amount under the Child Support Guidelines; (b) the variation order asked for relates to a child over the age of 18 years; (c) the variation order asked for relates to a child for whom the payor stands in the place of a parent; (d) the variation order asked for relates to a child in respect of whom the payor has access or physical custody not less than 40 per cent of the time over the course of a year; (e) each party has custody of one or more children; or (f) either party claims that support in accordance with the Child Support Guidelines would cause undue hardship, the recipient shall attach the following documents as exhibits to the variation information form or affidavit required by subrule (11) or (12): 1. A copy of every personal income tax return filed by the recipient for the three most recent taxation years and every notice of assessment or reassessment of the returns. 2. Where the recipient is an employee, proof of the current year’s earnings from the recipient’s employer as provided in clause 21 (1) (c) of the Child Support Guidelines. 3. Any other material referred to in clauses 21 (1) (d) to (g) of the Child Support Guidelines. (15) Where the court is of the opinion that a variation motion, whether or not on consent, can not be properly determined because of the material filed, because of the matters in dispute between the parties or for any other reason, the court may give directions accordingly, including an order for the trial of an issue. O. Reg. 215/98, s. 1.