How do I enforce a divorce order in Ontario if my ex-spouse does not comply?
If your divorce order includes child support or spousal support and your ex-spouse stops paying, the Family Responsibility Office (FRO) is the primary enforcement tool in Ontario. FRO automatically receives a copy of all court support orders in Ontario and monitors compliance. It has broad enforcement powers: it can garnish wages, intercept tax refunds, suspend driver's licences, seize bank accounts, and report debtors to credit bureaus. If support is in arrears, FRO pursues collection on your behalf without you having to return to court.
If you opted out of FRO enforcement (some separation agreements allow parties to waive FRO involvement), you can re-enroll at any time if your ex-spouse defaults.
For parenting order violations — where your ex-spouse is not following the parenting time or decision-making terms in the divorce order — enforcement is more complex. You can bring a motion for contempt of court, which asks the judge to find your ex-spouse in breach of the order and impose consequences. Courts can also vary (change) the order if circumstances have changed.
Before going back to court on parenting issues, many lawyers advise attempting to resolve the problem directly or through a parenting coordinator first. Court is time-consuming and costly; a less adversarial resolution is usually preferable if it can be achieved.
Key takeaways
- Child and spousal support orders are automatically enforced by the Family Responsibility Office.
- FRO can garnish wages, seize accounts, suspend licences, and take other enforcement steps.
- Parenting order violations may require a contempt motion or variation application.
- Consider mediation or a parenting coordinator before returning to court on parenting disputes.