- The Family Responsibility Office (FRO) can suspend driver's licences and passports as one of its enforcement tools.
- A payor can avoid a licence suspension by paying all arrears, entering a voluntary payment plan with FRO, or getting a court refraining order requested before the notice deadline.
- FRO cannot change the amount owed; only a judge can, and arrears keep building until the order is changed.
If you have fallen behind on child support, a warning about your driver's licence can be alarming, especially if you need to drive for work. The good news is that there are usually steps you can take, and acting quickly matters.
This article explains in general terms how licence suspension fits into FRO enforcement and what can stop it. Notice periods and deadlines are set out in your notice, so read it carefully and get legal advice about your own situation.
Where licence suspension fits
Once FRO has a case, payors must pay FRO only, not the recipient. Court-ordered support is automatically filed with FRO. When payments are missed, FRO has a range of tools.
| Enforcement tool | What it involves |
|---|---|
| Bank accounts | Garnishing 100% of a sole account and up to 50% of a joint account |
| Tax refunds and benefits | Federal deductions from tax refunds (up to 100%) and from EI, CPP and OAS (up to 50%) |
| Licences | Suspending driver's licences and passports |
| Credit and property | Reporting to credit bureaus after more than 60 days without payment, and registering property liens |
| Other | Seizing lottery prizes over $1,000 and reporting to professional bodies |
A licence suspension is therefore one tool among several, and the others can affect you at the same time.
How to stop a suspension
A payor can avoid driver's licence suspension in three ways: pay all the arrears, enter a voluntary payment plan with FRO, or get a court refraining order requested before the notice deadline.
- Pay the arrears in full: this is the most direct route.
- Voluntary payment plan: contact FRO and propose a realistic plan.
- Court refraining order: this has to be requested before the notice deadline, so do not wait.
If your licence has already been suspended, contact FRO right away to ask what is needed to have it reinstated. The steps depend on your case, and a lawyer can help you.
If you cannot pay because your situation changed
FRO cannot change the amount owed; only a judge can. Arrears keep building under the existing order until it is changed. Payors who lose their job should contact FRO immediately.
A court may vary a child support order once it is satisfied that a change of circumstances has occurred. A drop in the payor's income after a job loss is an example. The court may vary an order retroactively, but it is not guaranteed, so applying early is important.
In court, Form 15 is used to ask for a change without the other parent's consent, and Form 15D where both consent. Ontario's online Child Support Service can also update support without court, but it is not available in several situations, such as where the payor is self-employed or earns over $150,000 or under $12,000.
Other consequences of arrears
At a default hearing, the payor must explain the arrears to a family court judge. The judge may order payment, a change to the order or jail of up to 180 days. FRO may charge a $400 administrative fee when it takes enforcement action.
If you are self-employed or unemployed, you pay FRO directly. FRO charges $100 each time it must adjust an account because of a direct payment. Fees can change, so confirm current amounts with FRO.
What to do next
- Read the notice carefully and note every deadline in it.
- Contact FRO promptly to ask about a voluntary payment plan or paying the arrears in full.
- Gather proof of income or job loss, such as your Record of Employment and tax documents.
- If your income has dropped, speak with a lawyer about applying to change the order.
- If you need a court refraining order, speak with a lawyer immediately so it is requested before the notice deadline.
Frequently asked questions
Can FRO suspend my passport as well as my licence?
Yes. FRO's enforcement tools include suspending driver's licences and passports.
Can I avoid suspension if I cannot pay everything at once?
You may be able to enter a voluntary payment plan with FRO. You can also pay all arrears or get a court refraining order requested before the notice deadline.
I lost my job. Will FRO lower what I owe?
No. FRO cannot change the amount owed; only a judge can, and arrears keep building until the order is changed. Contact FRO immediately if you lose your job.
Will I go to jail for arrears?
At a default hearing, a judge may order payment, a change to the order or jail of up to 180 days. Explaining your situation honestly and acting early is important.
Sources
- Divorce Act, s. 17(1), (4) — Justice Laws (federal)
- Federal Child Support Guidelines, s. 14(a) — Justice Laws (federal)
- Ontario.ca – Set up or update child support in court — ontario.ca
- Ontario.ca – Paying and receiving child and spousal support — ontario.ca
- Ontario.ca – Set up or update child support online — ontario.ca
- Ontario.ca – Arranging child support — ontario.ca
- Ontario.ca – Enforcing child and spousal support payments — ontario.ca
Links go to official government, court and regulator pages. The law changes — confirm you are reading the current version.
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