Can We Withdraw From FRO and Pay Child Support Directly in Ontario?

Many separated parents get along well enough that the Family Responsibility Office (FRO) feels like an extra step. You may wonder whether you can skip it and simply have one parent pay the other directly.

The answer depends on how your order is set up and on whether payments are up to date. This article explains how withdrawal works in Ontario, what you give up, and what to check first.

Why your order is probably already with FRO

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

This means that even if you and the other parent agree to handle payments between yourselves, the order stays under FRO's control until it is withdrawn.

FRO's enforcement tools for missed payments include 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, and default hearings.

How to withdraw an order from FRO

Withdrawal requires a written notice signed by both the recipient and the payor.

There is an exception if the payor is behind on payments. In that case, the recipient alone may withdraw the order.

Once the order is withdrawn, the Director must stop enforcing it.

What changes, and what does not

Withdrawing only changes who handles payments and enforcement. The order itself still exists, and the amount stays the same until a court changes it.

Costs, risks and paying directly while still registered

While a case is registered with FRO, the payor must make all payments through FRO. FRO warns payors not to pay the recipient directly, and it charges $100 every time it has to adjust the account.

If you withdraw and later need FRO again, either party may re-file by signed written notice, and FRO says each party will pay a $50 re-filing fee.

• Without FRO, you lose its enforcement tools if payments stop.
• Keep your own clear records of every payment made.
• FRO fees and practices are administrative and can change, so confirm the current details with FRO.

If payments have fallen behind, FRO can agree a voluntary arrears payment schedule with a payor who falls behind. Where there has been a change in circumstances under the guidelines, or new evidence is available, a court may also relieve the payor from paying part or all of the arrears or interest.

Denied parenting time does not suspend support. FRO tells payors to keep paying until FRO says in writing they can stop, and it does not get involved in custody or access issues. The remedy for denied parenting time is to ask the court to enforce the parenting order.

What to do next

• Check whether your order is filed with FRO and whether the account is up to date.
• Talk with the other parent about whether you both want to withdraw.
• If you agree, prepare a written notice signed by both of you.
• If the payor is behind, think carefully before the recipient withdraws alone, because enforcement stops.
• Keep paying through FRO until FRO confirms the withdrawal.
• If the amount needs to change, ask the court rather than relying on a private arrangement.

A lawyer can confirm the steps for your situation, especially if there are arrears or you want the amount changed.

Frequently asked questions