How does the Family Responsibility Office enforce spousal support?

The Family Responsibility Office (FRO) enforces spousal support payments in a:

• court order
• separation agreement that is filed with the court and registered with the FRO for enforcement

They cannot enforce verbal agreements.

You have a court order

If you have a court order, the court automatically sends the order, the Support Deduction Order Information Form, and the Support Deduction Order to the FRO.

The FRO writes to the support payor's employer or any other place where they receive income. The FRO tells the employer to deduct spousal support from the payor's cheque and send it to the FRO. The FRO then sends the money to the partner receiving support.

You have a separation agreement

Some people make a separation agreement without going to court and later need help enforcing it.

To get the FRO to enforce your separation agreement, you must:

1. Attach your most current separation agreement to a Form 26B: Affidavit for Filing Domestic Contract or Paternity Agreement.
2. Take it to the local courthouse. You can file your agreement only at the Ontario Court of Justice or the Family Court branch of the Superior Court of Justice. You cannot file your agreement at other locations of the Superior Court of Justice.
3. Register it with the FRO.

You receive support

If you haven't received a support payment in more than 30 days and your separation agreement or court order is being enforced by the Family Responsibility Office (FRO), contact them right away.

You pay support

If you don't make your spousal support payments, the FRO can:

• Take money from your bank accounts.
• Take money from your retirement savings.
• Take money from your employment insurance benefits, income tax rebates, and some government payments.
• Take money from your wages or other income.
• Suspend your driver's licence.
• Suspend your Canadian passport.
• Register the support order as a "charge" against your property. This means you can't sell it or transfer ownership until you pay any support owing.
• Report you to the credit bureau which may damage your credit rating.
• Take any Ontario lottery prize over $1,000.
• Request information about your employment, finances, and address from any person or public body.
• Take your employer to court for not following a Support Deduction Order.
• Start a default hearing. At the hearing, you have to explain to a judge why you are behind in payments. This may result in up to 180 days in jail.

So, if you fall behind in payments, it's important to contact the FRO as soon as you can.

The FRO can help you work out a voluntary payment plan where you agree to a payment schedule you can afford. The FRO usually requires that you make your monthly support payments plus an additional amount toward the support owing.

If you're bankrupt, you still owe support. The FRO will be a creditor with a claim against your estate. They will enforce the ongoing support after you declare bankruptcy.

Withdraw your case

If you and your partner agree that you don't want the Family Responsibility Office (FRO) to handle your payments anymore, you must both fill out a Notice of Withdrawal Form.

In some cases, the partner receiving support can do this without the support payor's consent by filling out a Notice by Support Recipient of Unilateral Withdrawal Form. For example where the support payor is paying the partner receiving support directly.

If spousal support payments go through Ontario Works or the Ontario Disability Support Program, a caseworker must also agree to withdraw the case. If they don't agree, you must go to court to have your support agreement or order changed.

If you later decide to re-register with the FRO, you fill out a Notice of Re-Filing Form. There is a $50 re-filing fee. And, if you want the FRO to enforce any payments that were missed since your case was closed, you need to fill out a Statement of Arrears Form. This form tells the FRO about the amount of unpaid spousal support.

End support payments

If you're paying spousal support and think payments should end, fill out the Application to Discontinue Enforcement of Ongoing Support and tell the FRO why you think it should end. The FRO will then contact your partner.

The FRO can't change any of the terms in your separation agreement or court order. They only try to make sure support is being paid. So if your partner doesn't agree to end support, or if you want to change the amount of support, you have to go to court.