Family Responsibility Office and Spousal Support Explained

If you pay or receive spousal support in Ontario, you will probably hear about the Family Responsibility Office, usually called FRO. People often assume it is a court or a lawyer's office. It is neither, and knowing what it actually does can save you a lot of confusion when a payment is late or an order needs to change.

This article explains how support gets to FRO, what FRO does once it has your file, and what payors and recipients each need to watch for. It is general information, not advice on your own file, and a lawyer can confirm how it applies to you.

What FRO does and does not do

FRO is the program that collects support from the person paying and passes it to the person receiving it. Court-ordered spousal support is automatically filed with FRO, which collects from the payor and pays the recipient. FRO contacts both parties and assigns a seven-digit case number. Keep that number handy, because you will need it whenever you deal with the office.

FRO is not a guarantee of payment. It does not pay the recipient when a payment is missed. It also cannot change what is owed: only a court can change a support order, not FRO. If your circumstances have changed, asking FRO to adjust the amount will not work, and you will need to go through the court process instead.

How an order or agreement gets to FRO

The route depends on whether your support comes from a court order or from a private agreement.

For a separation agreement, the filing is done with the Ontario Court of Justice or the Family Court branch using Form 26B, and then the agreement is registered with FRO. A separation agreement can set support without going to court, but it must be understood, based on complete and honest financial disclosure, and not signed under pressure, or a court may set it aside. If you are signing an agreement and think you may want FRO to enforce it, talk to a lawyer about the wording and the filing before you sign.

If you are the recipient

Most of what you need to do happens when payments stop or arrive late. FRO will not step in to cover the gap, so it helps to know your options.

• Complete a Statement of Arrears to collect unpaid support and interest.
• Expect that FRO may send a support deduction notice to the payor's income source, such as an employer, which must remit the amount to FRO.
• Know that you can also go to court for an order to deduct support from bank accounts, retirement savings or wages, or to pursue the payor's employer.
• If you want to leave FRO and the payor is paying on time, both parties must agree in writing to withdraw. If the case is in arrears, the recipient can withdraw without the payor's consent.

Withdrawing means you take on collection yourself, so think carefully and get advice before you do it.

If you are the payor

FRO's own guidance on avoiding enforcement is simple. Pay in full and on time, and contact FRO immediately if you are falling behind so a payment plan can be set up. Respond to every notice before its deadline, and attend a default hearing even if you have filed forms.

Falling behind can be costly. FRO may charge a $400 administrative fee when it takes enforcement action. At a default hearing, a judge can order payment plans, change the support order, or order jail time of up to 180 days. A separate article covers the enforcement tools in more detail.

Tax is also part of the picture. Spousal support is generally deductible by the payer and taxable to the recipient for orders or agreements made after April 1997, if the order or agreement clearly states the amount and all child support for the current and previous years is fully paid. Child support is neither deductible nor taxable. An accountant can confirm how this applies to you.

Changing support and telling FRO

Life changes. Ontario.ca lists changes in income, the recipient becoming self-sufficient, the recipient remarrying and changes in child arrangements as triggers for reviewing support, and notes that an agreement or order may already address remarriage or retirement or set a review date.

To change support by consent, you file a consent motion to change (Form 15C) with a financial statement (Form 13), a Certificate of Financial Disclosure (Form 13A), Form 14B and a draft order (Form 25). If the other party disagrees, you file a motion to change (Form 15) with Forms 13, 13A and 25.

Once an order changes, send the new order to FRO through FRO Online, by fax or by mail. For a domestic contract, the parties negotiate a new contract and file it with the court with Form 26B before sending it to FRO.

What to do next

• Find out whether your support comes from a court order or an agreement, and whether it is already filed with FRO.
• Write down your seven-digit FRO case number once you have it.
• Keep records of every payment made or received, with dates.
• If you are a payor falling behind, contact FRO right away and answer every notice before its deadline.
• If you are a recipient with missed payments, consider a Statement of Arrears.
• If circumstances have changed, speak to a lawyer about a motion to change rather than simply paying less or more.

FRO contact details and forms can change, so confirm them on the official Ontario website before you rely on them.

Frequently asked questions