- Once FRO has your case, the payor must pay FRO only, not the recipient directly.
- You can withdraw from FRO if both parties agree in writing and payments are up to date; if the case is in arrears, the recipient may withdraw without the payor's consent.
- Withdrawing means giving up FRO's enforcement tools, and FRO cannot change the amount owed in any case.
If you and your co-parent get along, the Family Responsibility Office (FRO) can feel like an unnecessary middleman. Many parents ask whether they can simply pay each other and close the file.
The answer is sometimes yes, but the steps matter and so do the trade-offs. This article explains how a case gets to FRO, how withdrawal works, and what you give up if you leave.
How a support order ends up with FRO
Court-ordered support and support set up through Ontario's online Child Support Service are automatically filed with FRO. A written agreement can be filed with the court with a Form 26B affidavit, and a copy sent to FRO, for FRO to enforce it.
So for many families, FRO is involved from the start, not because anyone did anything wrong but because of how the order or agreement was made.
What changes 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.
Informal side payments cause real problems. FRO charges $100 each time it must adjust an account because of a direct payment. Fees can change, so confirm the current amount.
If something is missed, the recipient uses a Statement of Arrears to tell FRO about unpaid support, special expenses or court costs that were not received before registration or that came due later.
How withdrawing from FRO works
Withdrawal depends on whether the account is current.
| Situation | Who can withdraw |
|---|---|
| Payments are up to date | Both parties must agree in writing |
| The case is in arrears | The recipient may withdraw without the payor's consent |
Withdrawing from FRO is about who collects and enforces the payments. FRO cannot change the amount owed; only a judge can. If you and your co-parent want a different amount, that is a separate step, such as asking the court or using the online service to update support. Parents also cannot simply contract out of support: where the amount differs from the Guidelines, a court must be satisfied that reasonable arrangements have been made for the child.
The risks of leaving FRO
FRO has enforcement tools that you would no longer have behind you, including:
- Garnishing bank accounts, at 100% of a sole account and up to 50% of a joint account.
- Deductions from tax refunds (up to 100%) and from EI, CPP and OAS (up to 50%).
- Credit bureau reporting after more than 60 days without payment, and suspension of driver's licences and passports.
- Property liens, seizure of lottery prizes over $1,000, and reports to professional bodies.
At a default hearing, the payor must explain the arrears to a family court judge, who 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. Without FRO, the recipient would have to find another way to enforce the order if payments stopped.
There are also record-keeping risks. Disputes over whether a payment was made are far easier to settle when a government office has the record. If you pay directly, keep proof of every payment.
What to do next
- Talk openly about why you want to leave FRO and what happens if circumstances change, such as a job loss.
- Check the account: payments up to date means you both need to agree in writing, and arrears mean the recipient can decide alone.
- If you want the amount changed too, deal with that separately, using the court forms or the online service.
- Remember that annual income updates still matter: on written request, no more than once a year, the paying parent provides updated income documents within 30 days.
- Keep your order or agreement and every payment record in a safe place.
- Get legal advice before withdrawing, especially if there are arrears or if the recipient depends on the payments.
Frequently asked questions
Can I opt out of FRO if my co-parent and I agree?
If payments are up to date, both parties must agree in writing to withdraw. Consider carefully what you lose before you sign.
Can the recipient leave FRO without the payor's consent?
Yes, if the case is in arrears, the recipient may withdraw without the payor's consent. If payments are up to date, both must agree in writing.
If I leave FRO, can we change the amount informally?
Leaving FRO does not change the amount. FRO cannot change the amount owed; only a judge can. Parents also cannot simply contract out of support, because a court must be satisfied that arrangements are reasonable.
Can I pay my co-parent directly while FRO has the case?
Once FRO has a case, payors must pay FRO only. FRO charges $100 each time it must adjust an account because of a direct payment.
Sources
- Divorce Act, s. 15.1(7)-(8) — Justice Laws (federal)
- Federal Child Support Guidelines, s. 25 — 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 – FRO Statement of Arrears — ontario.ca
- Ontario.ca – Child and spousal support — 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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