Can Child Support Arrears Be Reduced or Written Off in Ontario?
A court may reduce or cancel child support arrears, and interest, in the right circumstances. Where there has been a change in circumstances under the guidelines, or new evidence is available, a court may discharge, vary or suspend child support, prospectively or retroactively. It may also relieve the payor from paying part or all of the arrears or interest.
Only a judge can change the amount in a support order, and the Family Responsibility Office tells payors to keep paying until it says in writing that they can stop. A motion to change support must include a current schedule of arrears from the Family Responsibility Office, served with the financial statement. The office can also agree a voluntary arrears payment schedule with a payor who falls behind.
If arrears go unpaid, enforcement tools include suspending the driver's licence, suspending federal licences including the passport, reporting to the credit bureau, and placing liens on property. What evidence helps depends on your situation, so speak with a lawyer before you stop paying or file a motion.
Key takeaways
- A court may relieve a payor from paying part or all of the arrears or interest.
- The court may act where there has been a change in circumstances under the guidelines or new evidence is available.
- A motion to change support must include a current schedule of arrears from the Family Responsibility Office.
- Enforcement tools for missed payments include licence suspensions, credit reporting and liens on property.