Can Child Support Arrears Be Forgiven or Reduced in Ontario?
Yes, but it is the court that can do it, and only in particular situations. Under the Family Law Act, where there has been a change in circumstances under the guidelines, or new evidence is available, a court may discharge, vary or suspend child support, prospectively or retroactively, and may relieve the payor from paying part or all of the arrears or interest.
If your support order is filed with the Family Responsibility Office (FRO), the Director enforces it, and no one else may enforce it once it is filed. Withdrawing from FRO needs a written notice signed by both the recipient and the payor. If the payor is behind, the recipient alone may withdraw the order. Once an order is withdrawn, the Director must stop enforcing it, and either party may later re-file it.
A motion to change support must include a current schedule of arrears from FRO. FRO can also agree a voluntary arrears payment schedule with a payor who falls behind. Meanwhile, enforcement tools can include licence suspension and credit reporting. What you must show depends on your facts, so a lawyer can help you assess it.
Key takeaways
- A court may relieve a payor from paying part or all of the arrears or interest where there has been a change in circumstances under the guidelines or new evidence is available.
- Withdrawing an order from FRO needs a written notice signed by both the recipient and the payor, unless the payor is behind, in which case the recipient alone may withdraw it.
- While a case is registered with FRO, the payor must make all payments through FRO rather than paying the recipient directly.
- A motion to change support must include a current schedule of arrears from FRO.