What a Recipient Can Do When Child Support Is Not Paid in Ontario

When child support stops arriving, bills do not stop. Many parents in this position are unsure whether to chase the payor themselves, call a government office, or go back to court.

In Ontario there is a structured route for enforcing support. This article walks through how the Family Responsibility Office (FRO) works, the tools it can use, and some common traps for recipients.

How the Family Responsibility Office fits in

A support order filed with FRO is enforced by the Director. Once it is filed, no one other than the Director may enforce it. Orders made in court are automatically filed with FRO.

While a case is registered with FRO, the payor must make all payments through FRO. FRO warns payors not to pay the recipient directly. If your ex has been handing you money directly, that can complicate the record, so keep your own notes of anything received.

Enforcement tools for missed payments

FRO has a range of tools when payments are missed:

• Suspending the driver's licence.
• Suspending federal licences, including the passport.
• Deducting from federal government payments.
• Reporting to the credit bureau.
• Placing liens on property.
• Default hearings.

FRO can also agree a voluntary arrears payment schedule with a payor who falls behind. Which tool is used, and when, is up to FRO and depends on the case.

Common mistakes and misunderstandings

Payors sometimes withhold support because they are being denied time with the children. That does not suspend support. FRO tells payors to keep paying until FRO says in writing that they can stop, and says only a judge can change the amount in a support order. FRO does not get involved in custody or access issues.

If a court-ordered parenting or contact arrangement is not being obeyed, a parent can ask the court to enforce that order. The two problems are dealt with separately.

Be careful about withdrawing your order from FRO. Withdrawal requires a written notice signed by both the recipient and the payor, except that if the payor is behind, the recipient alone may withdraw the order. Once withdrawn, the Director must stop enforcing it. Either party may later re-file by signed written notice, and FRO says each party will pay a $50 re-filing fee.

Arrears are also not always fixed. Where there has been a change in circumstances under the guidelines, or new evidence is available, a court may discharge, vary or suspend child support, prospectively or retroactively, and may relieve the payor from paying part or all of the arrears or interest. A motion to change support must include a current schedule of arrears from FRO, served with the financial statement. That is one reason to respond promptly if you are served with court papers.

If the payor lives somewhere else, or there is no order yet

If you have no order, a parent can apply to court. The parent setting up support files Form 8 (Application (General)), and the responding parent files Form 10. A court making a child support order must follow the child support guidelines.

A Form 8 application must be specially served by someone other than the party. A respondent served in Canada or the United States has 30 calendar days to answer, and a respondent served elsewhere has 60 calendar days. At the Ontario Court of Justice, the clerk gives a first appearance date and there is no fee to file documents. At the Superior Court of Justice, a fee may apply (or a fee waiver), and you must schedule your own case conference.

Parents can also set up or update child support online, for a non-refundable $80 fee each time, and a fee waiver may be available. That service is not available if either parent or any child lives outside Ontario, or for payors who are self-employed or earn over $150,000 or under $12,000.

If the other parent lives outside Ontario, the Interjurisdictional Support Orders Act, 2002 lets a claimant in Ontario start a proceeding in Ontario to get an order in the reciprocating jurisdiction where the respondent habitually lives. Reciprocating jurisdictions include all Canadian provinces and territories, all U.S. states and more than 55 other countries. Some places require a provisional order that has no effect until a court there confirms it. If the other parent is in a non-reciprocating country, Ontario's guidance is to talk to a lawyer about the options.

What to do next

• Confirm your order is filed with FRO, and keep your case number handy.
• Keep a record of every payment received, with dates, and whether it came through FRO.
• Do not accept direct payments without recording them, since payors are told to pay through FRO.
• Ask FRO about a voluntary payment schedule if the payor is responsive.
• Keep parenting-time disputes separate from support, and use the court for parenting enforcement.
• Speak to a lawyer if the payor lives outside Ontario or your situation is unusual.

Frequently asked questions