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Family

What happens at a default hearing when a payor can't explain missed support payments?

TSL Written by the Treadstone Law team· Updated August 2026

A default hearing is a court process used when a payor has fallen behind on support and hasn't resolved the arrears through the Family Responsibility Office's usual notices. At the hearing, the payor is expected to explain the default, and the court decides whether the reasons offered are adequate. If the payor has no real explanation, or the explanation doesn't hold up, the court can order specific steps to address the arrears rather than simply letting the debt continue to sit unpaid.

The court has considerable flexibility at this stage. It can set a repayment schedule, confirm or adjust the ongoing support amount, and direct that additional enforcement measures continue or intensify, such as garnishment, licence suspension, or reporting to a credit bureau. A payor who shows up with no explanation and no proposal is in a weaker position than one who comes prepared with financial disclosure and a realistic plan. Because the outcome depends heavily on the specific facts, income situation, and history of non-payment, anyone facing a default hearing benefits from getting legal advice beforehand to understand what documentation to bring and what outcomes are realistic given their circumstances.

Key takeaways

  • A default hearing addresses support arrears that weren't resolved through FRO's standard notices.
  • The payor must explain the default; an inadequate or absent explanation weakens their position.
  • The court can order a repayment schedule and confirm or intensify enforcement measures.
  • Coming prepared with financial disclosure and a realistic proposal matters more than showing up empty-handed.
This is general information, not legal advice. It doesn’t create a lawyer–client relationship, and the rules can change. For advice on your situation, a Treadstone family lawyer can help.
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