Child Support Payments Through the FRO in Ontario: Enrolment

If you have a child support order or agreement in Ontario, you may wonder how the Family Responsibility Office, known as the FRO, fits in.

This article explains how enrolment works, what changes once your case is registered, and how withdrawing works. Details such as charges and processes are administrative and can change, so confirm them with the FRO.

How a case gets enrolled

A support order filed with the FRO is enforced by the Director. Once it is filed, no one other than the Director may enforce it. Orders made in court are automatically filed with the FRO.

An agreement is different. Domestic contracts, including separation agreements, are unenforceable unless they are in writing, signed by the parties and witnessed. A party may file a domestic contract with the clerk of the Ontario Court of Justice or the Family Court of the Superior Court of Justice, with an affidavit (Form 26B). Once filed, the support provision can be enforced as if it were a court order, varied, or recalculated. If you have an agreement and want enforcement help, a lawyer or the FRO can confirm the steps for your situation.

How payments work once you are registered

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

• Payors: keep paying through the FRO, and keep records of what you pay.
• Recipients: if you receive money directly, tell the FRO, because payments outside the system can force account adjustments.
• Both: only a judge can change the amount in a support order.

Denied parenting time does not suspend support. The FRO tells payors to keep paying until the FRO says in writing that they can stop. It does not get involved in custody or access issues, and the remedy for denied parenting time is to ask the court to enforce the parenting order.

If payments are missed

The FRO has several tools for missed payments:

• 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.
• Holding default hearings.

A payor who has fallen behind can ask to change the order. A court may discharge, vary or suspend child support, prospectively or retroactively, where there has been a change in circumstances or new evidence is available. It may also relieve the payor from paying part or all of the arrears or interest. A motion to change support must include a current schedule of arrears from the FRO. The FRO can also agree a voluntary arrears payment schedule with a payor who falls behind.

Withdrawing from the FRO

Withdrawal requires 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 may later re-file it by signed written notice, and the FRO says each party will pay a $50 re-filing fee. Withdrawing means you lose FRO collection and enforcement, so think about whether payments will stay reliable before you do it.

What to do next

• Check whether your order was made in court, since those are automatically filed with the FRO.
• If you only have an agreement, ask a lawyer whether to file it with the court so it can be enforced like an order.
• Pay or receive only through the FRO while your case is registered.
• Keep paying until the FRO tells you in writing that you can stop.
• If your circumstances change, ask the court to change the order rather than adjusting payments yourself.
• Confirm current FRO charges and procedures before acting, since they can change.

Frequently asked questions