Spousal Support Arrears Ontario: How to Collect or Reduce

Spousal support arrears are unpaid support that was due under an order or agreement. They can build up quickly and can affect both the person owed and the person who owes.

This article explains how arrears are generally collected through the Family Responsibility Office (FRO), what a payor can do about them, and why asking to reduce them is a separate question that depends on the facts.

How FRO fits in

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. A separation agreement or domestic contract must first be filed with the court on Form 26B, then registered with FRO with a registration package.

FRO does not pay the recipient when a payment is missed. A recipient completes a Statement of Arrears to collect unpaid support and interest. If the payor is paying on time, both parties must agree in writing to withdraw from FRO, but if the case is in arrears the recipient can withdraw without the payor's consent.

Tools used to collect arrears

A recipient 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. At a default hearing a judge can order payment plans, change the support order, or order jail time of up to 180 days. FRO may charge a $400 administrative fee when it takes enforcement action.

If you owe arrears

Ontario.ca advises paying in full and on time, contacting FRO immediately if you are falling behind to set up a payment plan, responding to every notice before its deadline, and attending a default hearing even if forms have been filed.

• Before a driver's licence suspension takes effect, FRO sends a notice with a deadline. You can pay all arrears, enter a voluntary payment plan, or ask the court for a refraining order, which must be requested before the notice deadline.
• If FRO agrees to a payment plan, it stops requesting the passport suspension, but this does not mean your suspended passport will be valid, so you must contact the Government of Canada to confirm.
• Credit bureau reporting generally follows a notice after more than 60 days with no payment, and professional bodies may be notified after three months of non-payment.

Can arrears be reduced or cancelled?

Only a court can change a support order, not FRO. Under the Divorce Act a court may vary, rescind or suspend an order retroactively or prospectively, but it must be satisfied that a change in the condition, means, needs or other circumstances of either former spouse has occurred. A variation requires a material change in circumstances.

That does not mean arrears will be wiped out. Whether and how far a court will reach back depends on the facts, including the timing of your request, and it is not something to count on. If your support comes from a domestic contract, the parties would negotiate a new contract and file it with Form 26B.

The reverse question comes up too. A recipient who never received support they were entitled to may ask for retroactive support. The SSAG guide says retroactive spousal support follows Kerr v. Baranow, adapting the D.B.S. test, with factors such as the recipient's reason for delay, the payor's blameworthy conduct, the recipient's circumstances and hardship to the payor. Notice and delay carry more weight for spousal support, and the date of effective notice is especially important.

What to do next

• Get a clear statement of what is owed, including interest, from FRO or your own records.
• If you are owed arrears, complete a Statement of Arrears.
• If you owe arrears, contact FRO now and ask about a payment plan.
• Read every FRO notice and note its deadline, especially for a licence suspension.
• If your income has changed, gather documents and ask a lawyer about a motion to change.
• Check how the order or agreement handles tax, since support is generally deductible by the payer and taxable to the recipient if the conditions are met.

Fees, forms and contact details can change, so confirm them with FRO or the court before relying on them. A family lawyer can help you weigh a payment plan against a court request.

Frequently asked questions