Child Support Enforcement in Ontario: What the FRO is Doing and How to Respond
If you have a court order or separation agreement requiring you to pay child support in Ontario, dealing with the government agency called the Family Responsibility Office (FRO) can feel overwhelming, especially if payments are missed.
The FRO's job is simple: to make sure that support payments, both child and spousal, are made consistently and on time. If payments fall behind, the FRO has powerful tools to enforce those obligations.
Understanding how the FRO works and knowing your rights is critical, whether you are the person receiving support or the person paying it.
1. How Does the FRO Get Involved?
In Ontario, a support order made by a court is automatically filed with the FRO. If you have a separation agreement that includes support, it must be registered with the court first to give it the same enforcement power as a court order before the FRO can begin enforcement.
Once the FRO has the legal document (the court order or filed agreement), they become the intermediary for all payments. The payor sends the money to the FRO, and the FRO forwards it to the recipient.
2. What Happens When Payments are Missed?
When a payor falls behind, the outstanding amount is called "arrears." Unlike a bank or a private debt collector, the FRO has a broad range of powerful legal actions they can take without having to go back to court for permission every time.
These enforcement actions can be severe and immediate. Here are some of the most common actions the FRO may take:
Wage Garnishment: The FRO can send a notice directly to your employer, requiring them to deduct the support amount (including arrears) directly from your paycheque before you receive it.
Bank Account Garnishment: They can seize funds from your bank accounts. This includes up to 100% of money in accounts held only in your name, and up to 50% of money in joint accounts.
Driver’s Licence Suspension: This is one of the most common and disruptive actions. The FRO can direct the Ministry of Transportation (MTO) to suspend your driver’s licence.
Federal Licence Suspension: This can include the suspension of your Canadian passport or federal aviation/marine licences.
Seizure of Federal Payments: The FRO can intercept money the federal government owes you, such as income tax refunds, Employment Insurance (EI) benefits, or Canada Pension Plan (CPP) benefits.
Property Liens: The FRO can register a lien against your property, such as your house or vehicle, making it difficult or impossible to sell or re-finance until the arrears are paid.
Default Hearing: The FRO can bring you back to court for a default hearing, where a judge can order payment, security, or, in the most serious cases of deliberate non-compliance, order jail time (up to 180 days).
3. What Should I Do If I Receive an Enforcement Notice?
If you receive a letter or notice from the FRO, especially one threatening to suspend your license or garnish your bank account, do not ignore it. Ignoring the FRO is the fastest way to escalate the situation and lose control over your finances and mobility.
Here are the critical steps to take immediately:
Step 1: Contact the FRO Immediately
The first step is always to contact your case worker or the FRO office directly. A common path to avoiding severe enforcement is to negotiate a Voluntary Arrears Payment Plan. This shows the FRO you are willing to cooperate and make reasonable payments toward the outstanding debt, which can often stop a driver’s licence suspension or other major action.
Step 2: Review Your Support Order
If your financial situation has changed significantly since the order was made (e.g., job loss, major income reduction, or the child is no longer entitled to support), the existing order may no longer be appropriate. Because only a judge can change the support amount, you must use this time to assess if a Motion to Change is needed.
Step 3: Seek a Refraining Order
If the FRO has already started the process of suspending your driver's licence, you need to act quickly. Your lawyer can file a Motion to Refrain in court.
In this motion, you ask a judge to grant a "refraining order" that prevents the FRO from suspending your licence (or orders its reinstatement) on the condition that you take specific steps. These steps usually include:
Filing a motion to change the underlying support order.
Agreeing to a strict payment schedule for the arrears.
Providing all required financial documentation.
If you are successful, the refraining order essentially puts the enforcement on hold while you formally ask the court to adjust the support amount to a level you can actually pay.
4. Why Legal Advice is Essential
Dealing with the FRO can be stressful and complex. The notices they send often have short, strict deadlines. If you miss a deadline for responding to a suspension notice, you may lose your chance to get a refraining order, which can severely impact your ability to work and live.
A lawyer experienced in FRO matters can:
Review your entire case, including the original support order or agreement, to determine if a formal change is necessary.
Help you negotiate a formal arrears repayment plan with the FRO.
Prepare and argue a Motion to Refrain in court to protect your driver’s license or other assets.
If necessary, file a Motion to Change the underlying support order, bringing the payment amount in line with your current reality.
5. Get the Legal Help You Need
Protect your rights and your livelihood. If you have received an enforcement notice, are considering filing a Motion to Change, or simply need advice on managing your support obligations, contact us today.
