What Can FRO Do If Child Support Isn't Paid in Ontario?

When child support stops coming in, it can feel as though you have no way to make it happen. In Ontario, the Family Responsibility Office (FRO) is the office that collects and enforces support once a case is registered with it. This guide is for parents who are owed support, and for payors who have fallen behind.

Below, you will see how a case gets to FRO, how payments are supposed to flow, what FRO can do when payments are missed, and how a case can end. Each situation is different, so a lawyer can confirm how this applies to you.

How a case gets to FRO

Court-ordered support and support set up online are automatically filed with FRO. If you have a written agreement instead, you can file it with the court using a Form 26B affidavit, and a copy is sent to FRO so that FRO can enforce it.

Ontario's online Child Support Service issues a Notice of Calculation or Recalculation, and that notice is sent to FRO for enforcement.

How payments work once FRO has your case

Once FRO has a case, payors must pay FRO only, not the recipient. With a support deduction order, the employer or other income source deducts support and sends it to FRO. Self-employed or unemployed payors pay FRO directly.

If a payor pays the recipient directly, FRO charges $100 each time it must adjust an account because of that payment. Fee amounts can change, so confirm the current figures with FRO.

If you are a recipient and support was missed, you use a Statement of Arrears to tell FRO about unpaid support, special expenses or court costs not received before registration or that came due later.

What FRO can do about unpaid support

FRO has a range of enforcement tools. These include:

• 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 (up to 50%).
• Reporting to credit bureaus after more than 60 days without payment.
• Suspending driver's licences and passports.
• Registering property liens.
• Seizing lottery prizes over $1,000.
• Reporting to professional bodies.

A payor facing a driver's licence suspension has some ways to avoid it, such as paying all arrears or entering a voluntary payment plan with FRO. Licence suspension has its own rules, so get advice early if one applies to you.

Default hearings, fees and changing the amount

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, though fees can change.

FRO cannot change the amount owed; only a judge can. Arrears keep building under the existing order until it is changed. A payor who loses a job should contact FRO immediately. A drop in the payor's income after a job loss can be a change of circumstances for variation.

Withdrawing from FRO and what to do next

To withdraw from FRO, both parties must agree in writing if payments are up to date. If the case is in arrears, the recipient may withdraw without the payor's consent.

• Recipients: keep records of what was paid and what was missed, and file a Statement of Arrears.
• Payors: pay FRO, not the recipient, and keep proof of every payment.
• Payors: if your income drops, contact FRO right away and ask a lawyer about changing the order.
• Everyone: get legal advice before withdrawing from FRO or agreeing to any change.

Frequently asked questions