I haven’t paid child support. How do I get a refraining order?Updated September 1
Question & AnswerI haven’t paid child support. How do I get a refraining order?
1. Fill out your court forms
You must usually go to the same level of court that made your support order or has your filed with it.
There are three courts that deal with family law issues in Ontario. These are the:
- Ontario Court of Justice
- Superior Court of Justice
- Family Court branch of the Superior Court of Justice
So, if the Superior Court of Justice made the order, you go back to a Superior Court of Justice in the jurisdiction that your child currently lives to change it.
You need to fill out:
- Form 14: Notice of Motion, where you to tell the judge that you want a refraining order.
- Form 14A: Affidavit, where you give reasons for needing your driver's licence, information on your financial ability to make support payments, the payments that have been made, and your evidence. Make sure you give truthful, clear, and specific reasons. An Affidavit must be sworn or affirmed. This means you are promising that the information in the document is true. It is against the law to not tell the truth when you swear or affirm your Affidavit.
- Form 13: Financial Statement, that gives information about your finances such as the amount of your income, living expenses, and and .
You can get family law court forms from the courthouse or online. They are available in French and English.
You also need the following supporting documents:
- a copy of your First Notice of Driver's Licence Suspension
- a copy of your support order
- your FRO case number (found on the First Notice)
- your court file number (found on the support order)
- two pieces of identification, including valid photo identification such as a driver's licence, passport, or photo health card
- proof of income over the last three years including all years where support was not being paid in full
Once you have filled out your forms, you must call or go to the courthouse to get a date for your . This date must be before deadline date on your First Notice. Write this date down on the Notice of Motion.