Enforcing Spousal Support in Ontario When Payments Stop

When spousal support stops arriving, the missed money is stressful and the next step is often unclear. In Ontario, there is a government office whose job is to collect support, and you generally do not have to chase your ex yourself.

This article explains how that office works, what it can do to a payor who falls behind, what it cannot do, and when you may need to go back to court.

Start with the Family Responsibility Office

When a court orders child or spousal support in Ontario, the order is automatically filed with the Family Responsibility Office (FRO). FRO collects payments from the payor and sends them to the recipient.

For the spouse receiving support, FRO enforcement costs nothing, and FRO usually deposits payments within 48 hours of receiving them.

One important limit: FRO does not pay you when the payor misses a payment. It collects what the payor owes; it does not cover the shortfall.

If you have a separation agreement instead of a court order

FRO does not receive separation agreements and other domestic contracts automatically. The agreement must be filed with a court, and then registered with FRO, before FRO can enforce it.

If your support is set out only in an agreement that has never been filed, this is the first thing to sort out. A lawyer or the court office can confirm how to file it.

What FRO can do to collect

FRO has a range of enforcement tools. Some examples:

• Support deduction orders sent to the payor's employer, and garnishment of bank accounts.
• Diversion of federal payments such as tax refunds, EI, CPP and OAS.
• Suspension of the payor's driver's licence and federal licences such as passports.
• Reporting the payor to credit bureaus after more than 60 days without payment.
• Registering a lien or writ of seizure and sale against property, and seizing lottery prizes over $1,000.
• Reporting the payor to a professional organization after three months without payment.

At a default hearing, a judge can order jail of up to 180 days, and a payor may be charged a $400 administrative fee. Fees can change, so confirm the current amount.

Bank accounts and what FRO cannot do

FRO can take up to 100% of arrears from an account in the payor's sole name. From a joint account it can take no more than 50%, and the money is held for 30 days in case a co-holder disputes it.

FRO cannot change support terms. Only a court can change an order, through a motion to change. A court can vary, rescind or suspend a spousal support order, retroactively or prospectively, on an application by either former spouse.

Before varying an order, the court must be satisfied that either former spouse's circumstances have changed since the order or the last variation. If your ex has lost a job or retired, that is a question for the court, not FRO.

What to do next

• Confirm whether your order or agreement is filed with FRO, and if it is an agreement, whether it has been filed with a court and registered.
• Gather your order or agreement and a record of payments received and missed.
• Contact FRO about the arrears so it can use its enforcement tools.
• If the payor says they cannot pay, or your own circumstances have changed, speak with a lawyer about a motion to change.
• If you start a motion to change, note that after it is issued you must serve the other spouse within 30 days and file an Affidavit of Service (Form 6B).

The other spouse then has 30 days to respond, or 60 days if they live outside Canada or the United States.

Frequently asked questions