If you have an existing Agreement or Family Court Order that requires your former partner to pay ongoing monthly child (or spousal) support, it may be important to know what your options are if they stop making these payments. In situations where there is an existing domestic contract, such as a Separation Agreement or Parenting Plan, or if there is an existing Family Court Order, the Court can enforce the terms regarding child and/or spousal support and make a ‘Support Deduction Order’ to the Family Responsibility Office.
Who is the Family Responsibility Office?
The Family Responsibility Office (“FRO”) is a department of the provincially operated Ministry of Children, Community and Social Services that is responsible for the collection and payment of both child and spousal support. The FRO’s power to enforce the payment of child and spousal support comes from the Family Responsibility and Support Arrears Enforcement Act (1996), and the Interjurisdictional Support Orders Act (2002) – for cases where the support payor is out of the province.
When the Court makes an Order regarding child or spousal support in any Ontario Family Court case, the support Order is automatically sent to the FRO. The parties then have the option of either making monthly payment arrangements through FRO (whereby the child support would be paid by the payor to the FRO, then distributed to the recipient) or withdrawing the support Order from the FRO, should they wish to privately handle support payments between themselves. One party cannot withdraw from the FRO unilaterally – both parties must agree to the withdrawal and jointly submit the necessary forms.
How Can the FRO Help Me?
If your former partner has stopped paying the monthly child support that they are obligated to pay, either pursuant to an Agreement or Court Order, the FRO is designed to help you and enforce their legal obligation to pay support for the benefit of the child(ren).
When the Court makes a ‘Support Deduction Order’ to the FRO, the FRO is then empowered to automatically deduct the monthly support payments from an individual’s pay, or bank account for self-employed or un-employed individuals, and deposit the support payments into the support recipient’s bank account.
The FRO is also empowered to do more than just deduct child or spousal support from an individual’s pay, with these other support ‘enforcement tools’ varying in severity. For example, in cases where an individual is behind on their monthly support payments through the FRO, the FRO can suspend their driver’s license or other federal licenses that the individual may hold.
How Do I Get the FRO Involved?
If you want the Court to make a ‘Support Deduction Order’ to the FRO there are a few things that you will need to do.
First, you will need to file a copy of your existing Separation/Parenting Plan or Family Court Order with the Court. You will do this by completing and filing an Affidavit for Filing Domestic Contract.
Importantly, the FRO can only deduct/pay support in a fixed dollar amount based on the terms of an existing Agreement/Order. So, if your Separation Agreement states that your former partner will pay $755/month in child support based on their annual income of $50,000 at the time of signing the Agreement, but they have recently got a promotion and are now making $75,000/year, the FRO is only able to enforce the terms of an Agreement or Order as written, unless it is changed by way of a further or amending Agreement, or further Court Order.
You will then need to complete and file a Support Deduction Order Information Form with the Court.
Because the process of support deduction through the FRO involves automated deductions from the support payor’s sources of income, you will need to provide information regarding the support payor’s employment status on the Support Deduction Order Information Form.
After the Support Deduction Order is issued by the Court and sent to the FRO, you will need to complete the registration process with the FRO directly. You will receive a package from the FRO instructing you how to do this.
If you are in the situation where your former partner has stopped paying child support, you should not feel helpless, and it is important that you are aware of the Family Responsibility Office’s role in being able to help ensure that you receive support for your child(ren).
If you or someone you know needs assistance with a Family Law matter, we’re here to help – [email protected]
This WARDS LAWYERS PC publication is for general information only. It is not legal advice, nor is it intended to be. Specific or more information may be necessary before advice could be provided for your particular circumstances.
