How the Family Responsibility Office Enforces Support

If you are owed support that is not being paid, or you are the one who has fallen behind, the Family Responsibility Office is likely to be involved. FRO enforces support orders, and it has far-reaching tools to collect money.

This article explains what those tools are, what a default hearing means, and how to fix mistakes. Whether you are a recipient or a payor, acting early usually makes things easier.

What FRO's enforcement tools are

FRO can use several collection methods, often at the same time. The table below summarizes the main ones.

Fees, default hearings and what a judge can do

FRO may charge a $400 administrative fee if it takes enforcement action.

If you receive a default hearing notice, you have 10 days to act. At the hearing, a judge can order payment plans, change the support order, or order jail time. Because the consequences can be serious, do not ignore the notice. Speak with a lawyer if you can, and bring records of your income and payments.

Fixing errors with FRO

Mistakes do happen. FRO's guidance covers several common situations.

• If you missed a notice deadline, contact FRO right away.
• If a writ was filed against you by mistake, for example because you share a name with another person, submit the confirmation of identity letter request form; review takes about five business days.
• If your name has changed, notify FRO.
• For an unresolved complaint, use the contact form for the FRO director.

You can reach FRO at 416-326-1817 or 1-800-267-4330, Monday to Friday, 8:00 a.m. to 5:00 p.m..

If your circumstances have changed

If your situation has genuinely changed, how to deal with the order depends on your circumstances, so it is worth confirming with a lawyer. Under the Child Support Guidelines, where the amount includes a table determination, a change of circumstances means any change that would result in a different child support order. Under the Divorce Act, before varying a child support order the court must be satisfied that such a change has occurred. A court may vary, rescind or suspend an order, retroactively or prospectively.

Whether a change is enough, and how far back relief could go, depends on the facts. A lawyer can tell you whether it is worth applying.

Which court deals with support

Under the Divorce Act, which applies to married spouses only, a court of competent jurisdiction may vary, rescind or suspend an order, retroactively or prospectively. Ontario has more than one court that hears support cases. The table below shows how the two main courts differ.

The Family Court Branch of the Superior Court of Justice is located in 25 locations, including Barrie, Lindsay and Peterborough. It is the only court in Ontario that can hear all types of family law cases. A family case usually starts in the municipality where you or your spouse lives. If you are unsure where to start, call the family court office in your area.

Where married spouses are in a Divorce Act proceeding, the parties must, to the extent appropriate, try to resolve the matters that may be the subject of an order through a family dispute resolution process. Whether that fits your situation is worth confirming with a lawyer.

What to do next

• Get a copy of your support order or agreement and your FRO statement of account.
• Check the dates and amounts FRO shows against your own payment records.
• Open and respond to every FRO notice, and note the deadlines, including the 10 days on a default hearing notice.
• If your name has changed, tell FRO.
• Keep copies of pay stubs, tax documents and proof of payments so you can show your situation clearly.
• If your income has changed significantly, ask a family lawyer about changing the order.

Frequently asked questions