Enforcing Child Support and Spousal Support Orders: The Family Responsibility Office

By candice - Last updated: Monday, February 8, 2010 - Save & Share - Leave a Comment

Pursuant to the Family Responsibility and Support Arrears Enforcement Act, the Family Responsibility Office (“FRO”) was established to ensure that support payments were made between the payor and the recipient.  FRO enforces both support orders issued by the Ontario courts and support obligations as set out in domestic contracts that are filed with the courts. FRO can also enforce support orders issued in another province or country with which it has a reciprocating agreement.

Once a case is registered with FRO, the agency then begins the process of both collecting support payments from the payor and then forwarding the payments to the support recipient.

If support payments are not made, FRO has the legal authority to take enforcement action to recover any monies owed.  Enforcement action can include garnishment of bank accounts, suspension of the payor’s driver’s licence, garnishment of any monies received from the Federal Government (such as income tax refunds, GST rebates, employment insurance, CPP benefits), suspension of the payor’s Canadian passport, and seizing of lottery winnings.  If the support payor has failed to make a support payment for at least six months and FRO has exhausted all efforts to locate the payor, FRO may post personal information and a photograph of the payor on a related website in order to receive assistance from the public in locating the payor.

To avoid such enforcement action, it is in the payor’s best interest to meet his or her support obligations in a timely manner.  If a payor’s financial situation changes, the payor should contact FRO to discuss a possible payment plan.  The payor should also contact a lawyer to find out what his or her options are, including filing a motion with the court to change the amount of support the payor is required to pay as set out in the support order or domestic contract.

For more information about the enforcement of child and spousal support payments, please contact Niren and Associates Family Law Practice at 416 222 4555 or email us at info@divorcesupport.ca.


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