Child Support Arrears Forgiveness in Ontario: Can the FRO Agree to It?

A large child support debt can feel impossible to climb out of. Many payors ask whether the Family Responsibility Office (FRO) or the recipient can simply forgive it.

The short answer is that the rules point to a court process. This article explains who does what, what the court looks at, and what you will need to prepare.

What the FRO can and cannot do

When a support order is filed with the FRO, the Director enforces it, and no one other than the Director may enforce it. Orders made in court are automatically filed.

The FRO tells payors that only a judge can change the amount in a support order. What the FRO can do is agree a voluntary arrears payment schedule with a payor who falls behind. That helps you manage a debt, but it is a payment plan, not forgiveness.

While your case is registered, the payor must make all payments through the FRO. The FRO warns payors not to pay the recipient directly, and charges $100 every time it has to adjust the account.

Can the recipient forgive arrears?

A recipient cannot enforce a filed order personally while it is with the FRO. A recipient can ask to withdraw, but this needs a written notice signed by both the recipient and the payor. If the payor is behind, the recipient alone may withdraw the order.

Once an order is withdrawn, the Director must stop enforcing it. Either party can later re-file it by signed written notice, and the FRO says each party pays a $50 re-filing fee.

Withdrawing stops FRO enforcement, but it does not on its own tell you how the arrears are treated. Whether an informal deal with the recipient settles the debt depends on the facts and the wording of your order, so get legal advice before relying on one.

When a court may reduce arrears

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.

This is a decision for the judge. It is not automatic, and the outcome depends on the evidence you bring.

The process and proof you will need

A motion to change support must include a current schedule of arrears from the FRO, served with the financial statement. A support claim requires a financial statement, which is Form 13, or Form 13.1 if property is also claimed.

Income documents matter. A parent whose income is in issue must provide every tax return and notice of assessment and reassessment for the three most recent taxation years. An employee must also provide the most recent statement of earnings showing year-to-date pay. Self-employed parents must also provide business financial statements for each of the past three years and a breakdown of salaries, wages and benefits paid to others.

• A current arrears schedule from the FRO.
• Your financial statement.
• Tax returns and notices of assessment.
• Pay statements, or business statements if you are self-employed.
• Records showing what changed in your circumstances, and when.

If financial documents are not provided, the court can order them to be served and must also order costs. A court may also draw an adverse inference and impute income if a parent fails to comply with disclosure rules.

What to do next

Delay can be costly because enforcement continues while you wait. The FRO's tools for missed payments include suspending the driver's licence, suspending federal licences including the passport, deducting from federal government payments, reporting to the credit bureau, placing liens on property, and default hearings.

• Keep paying what you can through the FRO, and do not pay the recipient directly.
• Request your current arrears schedule from the FRO.
• Contact the FRO about a voluntary payment schedule.
• Gather your income records and evidence of changed circumstances.
• Speak with a lawyer about a motion to change before enforcement steps escalate.

Frequently asked questions