What Happens If You Stop Paying Child Support in Ontario

Falling behind on child support can happen fast, especially after a job loss or a drop in income. It can also happen more slowly, when a payment is missed and then another. Either way, the amount you owe does not go away on its own, and the consequences can grow.

This article explains, in general terms, what enforcement looks like in Ontario and what options exist if you cannot keep up. Your situation will depend on your order or agreement, so a lawyer can confirm how these rules apply to you.

Arrears keep building until the order changes

The Family Responsibility Office (FRO) enforces support in Ontario, but it cannot change the amount owed. Only a judge can do that, and arrears keep building under the existing order until it is changed. Telling FRO you are struggling does not reduce what you owe.

Once FRO has your case, you pay FRO only, not the other parent. If you pay the recipient directly, FRO charges $100 each time it has to adjust an account because of a direct payment. Those fees can change, so check the current amount.

The tools FRO can use to collect

FRO has a wide set of enforcement tools. Some of the main ones are listed below.

• Garnishing bank accounts: 100% of a sole account and up to 50% of a joint account.
• Federal deductions from tax refunds (up to 100%) and from EI, CPP and OAS payments (up to 50%).
• Reporting to credit bureaus after more than 60 days without payment.
• Suspending driver's licences and passports.
• Registering liens against property.
• Seizing lottery prizes over $1,000.
• Reporting to professional bodies.

If you have a support deduction order, your employer or other income source deducts support and sends it to FRO. Self-employed or unemployed payors pay FRO directly. That means a payor who is self-employed or between jobs has to make each payment to FRO themselves, so it helps to have a reliable way of doing that.

Default hearings, jail and enforcement fees

If arrears build up, you may be required to attend a default hearing. There, you must explain the arrears to a family court judge. The judge may order payment, change the order, or order jail of up to 180 days. Because jail is one of the possible outcomes, take any hearing notice seriously.

FRO may also charge a $400 administrative fee when it takes enforcement action. Like other FRO fees, this amount can change.

Avoiding a licence suspension

A driver's licence suspension is not always final once it is threatened. You may be able to avoid it by paying all of the arrears, entering a voluntary payment plan with FRO, or getting a court refraining order that is requested before the notice deadline. The deadline matters, so read any notice you receive carefully and act right away.

If your income drops: change the order, do not just stop paying

A change in circumstances that would result in a different child support order, such as a drop in the payor's income after a job loss, counts as a change of circumstances for variation. A court can vary, rescind or suspend a support order, and it must first be satisfied that a change of circumstances has occurred since the order was made or last varied.

Payors who lose their job should contact FRO immediately. In Ontario, Form 15 is used to ask for a change without the other parent's consent, and Form 15D is used where both parents consent. If you are asking the court, you will generally need three years of tax returns, notices of assessment and proof of current income. If you were unemployed in the last three years, you must also file a Record of Employment or other proof and a statement of any benefits still owed, such as severance.

Ontario also has an online Child Support Service that can update support without court, for a non-refundable $80 each time. It is not available in many situations, including where the payor is self-employed, earns cash income, or earns over $150,000 or under $12,000, or where parenting time is shared or split.

What to do next

• Find out exactly what you owe by checking your FRO account and your order or agreement.
• Keep paying what you can, and pay FRO rather than the other parent.
• Gather your tax returns, notices of assessment and proof of current income.
• If your income has dropped, start the process to change the order now, because the amount owed does not change until a judge changes it.
• Read every FRO or court notice and note its deadlines.
• Speak with a lawyer before a default hearing.

Frequently asked questions