Child Support Enforcement in Ontario: What Happens When Payments Stop

The Family Responsibility Office (FRO)

The Family Responsibility Office is Ontario’s government agency responsible for enforcing support orders and agreements. When a support order is made by an Ontario court, it is typically automatically filed with the FRO. The FRO collects support payments from the payor and forwards them to the recipient.

How the FRO Enforces Support

The FRO has broad powers to enforce child support obligations. Where a payor is not making payments, the FRO can take a range of enforcement actions.

• Garnishment of wages: The FRO can require an employer to deduct support payments directly from the payor’s wages.
• Bank account garnishment: The FRO can garnish bank accounts held by the payor.
• Interception of federal payments: The FRO can intercept federal income tax refunds, EI benefits, and GST credits.
• Driver’s licence suspension: The FRO can direct the Ministry of Transportation to suspend the payor’s driver’s licence.
• Passport denial: The FRO can direct the federal government to deny or refuse to renew the payor’s passport.
• Property liens: The FRO can register a lien against the payor’s real property.
• Reporting to credit bureaus: Arrears can be reported to credit agencies.
• Court proceedings for contempt: The FRO can bring the payor before the court for failure to pay, which can result in fines or incarceration.

What to Do If You Are Not Receiving Support

If you have an existing support order registered with the FRO and are not receiving payments, contact the FRO to report the arrears and request enforcement action. If your support order is not yet filed with the FRO, you may need to take steps to register it.

Opting Out of FRO

Both parties can agree to opt out of FRO enforcement if they prefer to manage support payments between themselves. However, opting out requires both parties to consent and to file the necessary court forms. If the payor later falls behind, either party can opt back into FRO enforcement.

Arrears and Interest

Unpaid child support is called arrears. Arrears accumulate with interest and do not simply disappear. Even if a payor argues that the circumstances have changed, arrears that have already accrued must still be paid unless the court agrees to vary or rescind them.

Applying to the Court for Enforcement

In some cases, additional court proceedings may be required. For example, if a payor is self-employed or concealing income, a court application may be needed to impute income or to obtain additional financial disclosure. A judge can make specific enforcement orders and even issue a warrant for the arrest of a non-complying payor.