Can a Parent Stop Paying Child Support if They Lose Access to Their Child in Ontario?
No. Denied parenting time does not suspend child support in Ontario. The Family Responsibility Office (FRO) tells payors to keep paying until FRO says in writing that they can stop, and it says only a judge can change the amount in a support order.
FRO does not get involved in custody or access issues, so the remedy for denied parenting time is to ask the court to enforce the parenting order. If a court-ordered parenting or contact arrangement is not being obeyed, a parent can ask the court to enforce it. While a case is registered with FRO, the payor must make all payments through FRO rather than paying the recipient directly.
If your circumstances have genuinely changed, a court may vary or suspend child support where there has been a change in circumstances under the guidelines or new evidence is available. It may also relieve the payor from paying part or all of the arrears or interest. Stopping on your own can let arrears build up, and missed payments can bring enforcement such as licence suspension. FRO can also agree a voluntary arrears payment schedule with a payor who falls behind. A lawyer can help you choose the right step.
Key takeaways
- Denied parenting time does not suspend child support.
- Payors should keep paying until FRO says in writing that they can stop, and only a judge can change the amount.
- If a court-ordered parenting or contact arrangement is not being obeyed, a parent can ask the court to enforce it.
- While a case is registered with FRO, the payor must make all payments through FRO.