Does the Federal Government Take Child Support Arrears From Tax Refunds in Ontario?
The Family Responsibility Office (FRO) can use several enforcement tools when support payments are missed. They include suspending the driver's licence, suspending federal licences including the passport, deducting from federal government payments, reporting to the credit bureau, placing liens on property, and default hearings. Which federal payments are caught, including any particular tax refund, is worth confirming with FRO or a lawyer.
Once an order is filed with FRO, no one other than the Director may enforce it, and orders made in court are automatically filed. While a case is registered, the payor must make all payments through FRO.
Falling behind does not have to be the end of the story. FRO can agree a voluntary arrears payment schedule with a payor who falls behind. A court may also relieve a payor from paying part or all of the arrears or interest where there has been a change in circumstances or new evidence is available. Only a judge can change the amount in an order. Ignoring FRO letters usually makes things harder, so respond and get advice early.
Key takeaways
- FRO's tools include licence suspension, passport suspension, deductions from federal government payments, credit bureau reporting, liens and default hearings.
- Once an order is filed with FRO, only the Director may enforce it.
- FRO can agree a voluntary arrears payment schedule with a payor who falls behind.
- A court may relieve a payor from part or all of the arrears or interest where there is a change in circumstances or new evidence.