Many people may want to learn more about enforcing a child support order that was established during their divorce. The Family Responsibility Office (FRO) works closely with the federal government to ensure child support orders are strictly enforced. The first step in enforcing a child support order is to ensure it is registered with the Family Responsibility Office (FRO). Once registered, the federal government can assist in enforcing the order through the FRO.
This blog will explore how child support orders are enforced by FRO and the information needed for both child support payers and recipients.
How Does FRO Enforce Child Support Orders in Canada?
The FRO was established under Ontario’s Family Responsibility and Support Arrears Enforcement Act, which governs how child and spousal support orders are enforced throughout the province. The FRO’s main purpose is to ensure that the payer fulfills their obligation to make support payments. Once a support order is registered, the FRO acts as an intermediary for payments. The support payer sends payments to the FRO, which then forwards them to the recipient parent. If necessary, the FRO can directly collect payments, for example, by deducting them from the payer’s wages, unless both parties agree in writing to opt-out of the FRO’s services.
The FRO can take one or more of the following steps to collect payment:
- Collect a payer’s wages or any government money received, like Canada Pension Plan benefits, employment insurance, income tax refunds, worker’s compensation, or old age security privileges
- Seize a payer’s bank accounts or half of an account the payer holds in a joint manner
- Suspend the payer’s driving license
- Report the payer to a credit bureau (making it arduous to get consent for a loan in the future)
- Suspend the payer’s passport
- Make any federal license, like a pilot’s license, temporarily inactive
- Make a lien against the payer’s personal property
- Issue an order for the seizure and sale of any property
- Take possession of lottery winnings
- Begin a default hearing
- Make an order against those who are helping the payer conceal income.
If the FRO is not able to enforce payment using any of these strategies, it can bring the defaulting payer to court and punish them for not paying the support order. This punishment can be a fine or imprisonment.
A common method of enforcement, especially when FRO cannot find any wages to seize, is the suspension of the payer’s driving license. That suspension can then make it even harder for the payer to work and gain the income required to pay the support debts. FRO will give 30 days’ notice before suspending a driver’s license.
Information for Child Support Payers
As a support payer, it’s essential to keep FRO updated with your current contact details. If you miss a payment and receive a notice about potential license suspension, you must act quickly. You have 30 days to either pay off your debts, contact FRO to set up a repayment plan, or apply for a desist order to prevent the suspension.
A desist order is a court order that temporarily deters FRO from suspending your license under conditions the court considers just. To obtain this order, the payer needs to file a Motion to change the support order, and a Motion for the Director of FRO to prevent suspending the license. The refraining order may make it necessary for the payer to begin a motion to alter the existing order, make current payments, and/or make periodic payments on the debts.
Note that if you fail to meet the 30-day deadline granted in the initial notice from FRO, you cannot apply for a refraining order anymore.
Only a court order can decrease debts or change existing support obligations. FRO is not allowed to reduce support payments or money owed; it can only cooperate with you to develop a payment plan. Hence, if you intend to end your support payments, you should file a motion to change the support order with the court that gave the original order.
A declaration of bankruptcy will not put an end to your support obligations. If you declare bankruptcy, FRO will become a creditor against your assets and will continue to enforce existing support. They will deal with the bankruptcy administrator to get back debts that accrued before bankruptcy.
Information for Child Support Recipients
You can contact FRO if you have not received your payment as a child support recipient. They can let you know if the payment was made or if the payer is in debt. If the payer owes money, you will complete a Statement of Arrears to show how much they owe and submit this to the FRO. You can also incorporate in the Statement of Arrears any evidence showing that the payer is in debt to you from a time before the registration of the support order with FRO.
Remember that as a parent with primary parenting time, you are not allowed to restrict, prevent, or otherwise intervene with your partner’s parenting time with the children since he or she has not paid support.
Can Child Support Be Enforced in Canada?
If your partner refrains from paying child support, the court can enforce it either in a court order or a separation agreement. The FRO receives the money owed for child support from the payer’s parent. This office can get child support payments if there is a court order.
Conclusion
Canada employs a strong set of mechanisms and penalties to enforce child support orders. By understanding and using these enforcement mechanisms, Canada reinforces the support system for children and ensures that parental responsibilities are not overlooked. This system of enforcement helps preserve a standard of living for children that is essential for their success and well-being.
If you need help enforcing a child support order in Canada, we are here to help. Our legal team has the experience, knowledge, and commitment necessary to handle all aspects of child support enforcement cases. We are aware of the challenges you may be facing, and we’re dedicated to helping you reach your goals. Don’t hesitate to book a consultation at https://zukermanlaw.ca/ for help and support.
FAQs
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1- Do I still have to pay child support if my partner won’t permit me to visit my children?
Yes. Don’t mix up child support obligations with custody and visitation. While these issues are all family court issues, they are separate legal issues. So, even if the other parent doesn’t give you visitation rights, you still need to pay child support.
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2- If I lose my job, can a court free me of my child support obligations?
A court won’t exonerate delayed child support payments. But, if you lose your job, you should request the court to decrease your child support obligations.
