Support is not being paid: what can the Family Responsibility Office do?

The Family Responsibility Office (FRO) collects and enforces child and spousal support orders filed with it. When a payor falls behind, it can take the money from wages, bank accounts and federal payments, suspend a driver's licence or passport, report the debt to a credit bureau, register liens against property, and bring the payor to a default hearing. It does not pay the recipient when the payor misses a payment, and it cannot change the amount owed.

This page is about enforcement inside Ontario, under the Family Responsibility and Support Arrears Enforcement Act, 1996. It applies to child support and to spousal support. How the amount is set is covered on our page on child support in Ontario. For support between spouses, see our page on spousal support. If the payor lives outside Canada, the routes are different; see child support when a parent lives abroad.

How does enforcement work, step by step?

1. The order is filed with FRO. When an Ontario court orders support, the order is automatically filed with FRO, and the court clerk files the order and the support deduction order with the Director's office (s. 12). Every Ontario support order states that it will be enforced by the Director unless it is withdrawn from the office (s. 9(1)). Support set up through the online Child Support Service is also sent to FRO. A written agreement can be enforced through FRO if it is filed with the court with an affidavit (Form 26B) and a copy is sent to FRO.
2. Payments come through FRO. When a court makes a support order, it also makes a support deduction order (s. 10(1)). FRO can send a notice to the payor's employer, pension or other income source, which then deducts support from the payor's pay and sends it to FRO (s. 20(2)). The deduction cannot be more than 50 per cent of the net amount the income source owes the payor (s. 23(1)). A payor who is self-employed or not on a payroll pays FRO directly.
3. A payment is missed. FRO tells recipients to contact it if they have not received a payment in more than 30 days, and not to contact the payor's employer themselves. A recipient who was owed support before the case was registered, or special expenses or court costs related to support, completes a Statement of Arrears.
4. FRO tries a payment plan first. FRO says it first tries to work with the payor on a plan for the arrears while ongoing support is paid. A payor can propose a voluntary arrears payment schedule with a financial statement.
5. Enforcement action. If there is no plan, FRO can use the tools in the table below. If it takes enforcement action against a payor, it may charge the payor a $400 administrative fee.
6. Default hearing. If other steps fail, FRO can require the payor to appear before the court to explain the default (s. 41).

What enforcement tools does FRO have?

FRSAEA means the Family Responsibility and Support Arrears Enforcement Act, 1996. FRO can also use other enforcement methods that the Act does not expressly list (s. 6(1)(c)).

How do driver's licence suspension and refraining orders work?

When an order filed with FRO is in default, the Director can serve a first notice saying that the payor's driver's licence may be suspended unless, within 30 days, the payor makes an arrangement satisfactory to the Director, obtains an order to refrain and files it with FRO, or pays all the arrears (s. 34). If none of those happens, the Director can direct the Registrar of Motor Vehicles to suspend the licence (s. 37(1)). FRO notes that if a person is caught driving while suspended, police can impound the vehicle even if the driver does not own it.

A refraining order is a court order that stops FRO from suspending the licence for a limited time. The payor asks for it on a motion, on notice to the Director, usually together with a motion to change the support order (s. 35(1)). The payor must serve and file a financial statement and proof of income (s. 35(7)). The court can make only one refraining order for each first notice, and only within the 30-day period, which cannot be extended (s. 35(10) to (12)). The order can include payment terms, but those terms do not stop arrears from growing (s. 35(3)). It ends after six months at the latest, unless the court extends it once (s. 35(19) and (21)). A motion for a refraining order can be heard before a case conference (Family Law Rules, r. 14(6)(d)).

A suspended licence is reinstated when, among other things, the arrears are paid, the payor is complying with an arrangement or a refraining order, or the order has been changed and the payor is complying with it (s. 38(1)). FRO says there is a fee to reinstate a driver's licence.

What happens at a default hearing?

The Director can serve the payor with a notice and a statement of arrears requiring the payor to deliver a financial statement and proof of income and to appear before the court to explain the default (s. 41(1)). FRO says a payor who receives the notice has 10 days to act. At the hearing, unless the payor shows otherwise, the payor is presumed able to pay, and FRO's statement of arrears is presumed correct (s. 41(9)).

Unless the court is satisfied that the payor cannot pay for valid reasons, it can order the payor to pay the arrears by instalments or a lump sum, pay in full by a set date, provide security, report periodically, bring a motion to change the order, or be imprisoned for up to 180 days (s. 41(10)). Imprisonment does not wipe out the arrears (s. 41(17)). If the payor fails to file the financial statement or to appear, the court can issue a warrant for the payor's arrest (s. 41(7)). If a person financially connected to the payor appears to be sheltering the payor's income or assets, the court can require that person to file financial information, add them as a party, and make orders against them up to the value of what was sheltered (s. 41(4), (5) and (12)).

What can FRO not do?

• It does not make payments to a recipient when the payor misses a payment.
• It does not change the terms of support orders or domestic contracts, including the amount; only a judge can change the amount in a support order.
• It does not get involved in parenting disputes.
• It enforces only orders and agreements that are filed with it; if an order has been withdrawn, a recipient can still ask the court for a default hearing directly (s. 41(2)).

What changes the answer?

• Whether the payor has a regular income source. A support deduction notice works most directly with an employer or pension; for a self-employed payor, bank garnishment, liens and licence suspension matter more.
• Joint accounts. Only 50 per cent of a joint account can be taken, and a co-holder has 30 days to dispute it in court (s. 45).
• A payment arrangement. A satisfactory arrangement with FRO avoids a licence suspension, and breaching it within 24 months can revive the last notice (ss. 34, 36 and 38(2)).
• A pending motion to change. It allows a refraining order, but the original order is still enforced until a judge changes it.
• Status Indians and reserve property. FRO explains that the Indian Act limits enforcement against property and income held on reserve unless the person entitled to support is also a Status Indian.
• A payor outside Ontario. FRO has a separate interjurisdictional support orders unit for cases where the payor or recipient lives outside Ontario.

A worked example

For example, imagine Nasrin, who lives in Toronto with her two children. Her former spouse, Behrouz, was ordered to pay child support two years ago. He works as a self-employed contractor, so there is no employer to receive a support deduction notice, and he has paid nothing for four months. Nasrin calls FRO, quoting her seven-digit case number. FRO first writes to Behrouz about a payment plan. He does not respond. FRO garnishes his business bank account, which is in his name alone, and serves a first notice about his driver's licence. Behrouz, who needs his truck for work, brings a motion to change support, saying his income has dropped, and within the 30 days asks the court for a refraining order, filing a financial statement and proof of income. The court makes the refraining order with monthly payment terms. If he stops paying under those terms, FRO can act on the notice again, and it can also seek a default hearing. Nasrin keeps a record of every missed payment and tells FRO about any new address or work Behrouz has. This is a hypothetical walk-through, not a prediction of any result.

What mistakes do people make?

1. Accepting payments directly. When a case is open with FRO, the payor must pay FRO only. A direct payment does not show on the FRO account, and FRO charges the payor $100 each time it has to adjust the account.
2. Calling the payor's employer. FRO tells recipients not to contact the payor's employer or income source.
3. Missing the 30-day window. A refraining order cannot be made after the 30 days in the first notice (s. 35(10) to (12)).
4. Assuming FRO will change the amount. It will not. A payor whose income has fallen needs a motion to change.
5. Ignoring a notice of default hearing. A payor who does not appear can be arrested and brought before the court (s. 41(7)).
6. Making side deals. An agreement between the parties to avoid enforcement of a support deduction order, or of a licence suspension, has no effect (ss. 31 and 39).

What to do this week

1. Find your FRO case number and keep it with your order.
2. List each missed or partial payment with dates and amounts.
3. If you are the recipient, contact FRO if no payment has arrived in more than 30 days, through FRO Online or by phone: Toronto 416-326-1817, toll-free 1-800-267-4330, TTY 1-866-545-0083, Monday to Friday, 8:00 a.m. to 5:00 p.m.
4. Send FRO any new information about the payor: address, employer, business, bank or property.
5. If you are the payor and cannot pay, contact FRO about a voluntary arrears payment schedule, and gather the documents for a financial statement; our guide to which financial statement to file lists them.
6. If special expenses are part of what is unpaid, check how they are set out in the order; see section 7 expenses.
7. If you would rather go through your options in Farsi, read about our work with Persian-speaking families in Toronto.

Frequently asked questions

Will FRO pay me while the payor is behind?

No. FRO collects and passes on what the payor pays; it does not make payments to a recipient when the payor misses one.

How long does it take to receive the first payment after registration?

FRO says that, if there are no complications, recipients can expect payments to start within 30 to 60 days of registration. It can take longer if the payor is not paying or FRO does not know the employer.

Can FRO stop a payor from leaving the country?

FRO can seek a passport suspension for persistent arrears. Separately, the Ontario Court of Justice or the Family Court can issue a warrant for the arrest of a payor who is about to leave Ontario if there are reasonable grounds to believe they intend to evade the order (s. 49).

Does a credit bureau report stay after the arrears are paid?

FRO says it updates the credit bureau file once arrears are paid, but the report stays on the credit history for six years from the date it was reported.

Can I have FRO stop enforcing my order?

An order can be withdrawn by a written notice signed by the recipient and the payor, or by the recipient alone if the payor is not in compliance, unless the order says it cannot be withdrawn (s. 16(1) and (1.1)). After withdrawal, FRO stops enforcing it (s. 16(3)).

Where is a default hearing held?

In the Ontario Court of Justice or the Family Court of the Superior Court of Justice (s. 41(25)). In Toronto, our guide to which Toronto family court handles your case explains the locations.

Sarbazevatan Law acts for support recipients and payors on enforcement, refraining orders and motions to change, in English and Persian (Farsi). Call +1 (416) 628-2041 or reach us through the contact page.