How Do I Enforce a Separation Agreement in Ontario If My Ex Won't Follow It?
Start by checking the agreement is enforceable, then use the tool that fits the term your ex is ignoring. A separation agreement must be in writing, signed by the parties and witnessed, or it may be unenforceable.
For support, the agreement must first be filed with the Ontario Court of Justice or the Family Court branch of the Superior Court of Justice, then registered with the Family Responsibility Office (FRO). Once registered, the payor pays FRO, and its tools include taking money directly from the payor's bank account, suspending the driver's licence and starting a court case, at no cost to the recipient. FRO enforces only support terms, and a recipient may instead go to court to enforce the agreement directly.
For parenting terms, you can ask the court to enforce arrangements made in a separation agreement, though a court may disregard a term about parenting time or decision-making if that is in the child's best interests. Property and other terms are enforced through court, and what to ask for depends on the facts, so a lawyer can help.
Key takeaways
- An agreement that is not in writing, signed by the parties and witnessed may be unenforceable.
- For the Family Responsibility Office to enforce support, the agreement must first be filed with the Ontario Court of Justice or the Family Court branch of the Superior Court of Justice and then registered.
- The Family Responsibility Office enforces only support terms, and a recipient may instead go to court to enforce the agreement directly.
- You can ask the court to enforce parenting arrangements in a separation agreement, though a court may disregard a term if that is in the child's best interests.