How Do I Enforce a Spousal Support Order Through the Family Responsibility Office in Ontario?
When a court orders spousal support in Ontario, the order is automatically filed with the Family Responsibility Office (FRO), which collects payments from the payor and sends them to you. FRO does not pay you when a payor misses a payment. Enforcement costs nothing for the spouse receiving support.
A separation agreement is different: FRO does not receive it automatically. It must be filed with a court, then registered with FRO, before FRO can enforce it. FRO's tools include support deduction orders sent to employers, bank garnishment, diversion of federal payments such as tax refunds, and suspension of a driver's licence or passport. It can also register a lien or writ of seizure and sale against property.
FRO can report a payor to credit bureaus after more than 60 days without payment, and at a default hearing a judge can order jail of up to 180 days. From a joint bank account FRO can take no more than 50% of arrears, while from a sole account it can take up to 100%. FRO cannot change support terms; only a court can. A lawyer can help if you need a different order.
Key takeaways
- Court orders for support are automatically filed with FRO, but separation agreements must be filed with a court and then registered before FRO can enforce them.
- FRO enforcement costs nothing for the spouse receiving support.
- FRO tools include employer deductions, bank garnishment, licence suspension, liens, credit reporting and, at a default hearing, possible jail.
- Only a court can change support terms, and FRO does not pay you when a payor misses a payment.