What can I do if my partner isn’t following our separation agreement?
Question & AnswerWhat can I do if my partner isn’t following our separation agreement?
3. Get help from the FRO to enforce support
If your partner isn't paying support, you can get help from the (FRO) to make them pay the support you agreed on.
The FRO is a government agency that enforces and payments. They collect support directly from the person who has to pay support, keep a record of the amounts paid, and then pay that amount to the person who has to get support.
If your partner misses payments, the FRO can take action to enforce the agreement and make them pay. For example, the FRO can take money from their bank account, suspend their driver's licence, or start a court case that can put them in jail.
To get the FRO to enforce your , you must:
- Attach your most current separation agreement to a Form 26B: Affidavit for Filing Domestic Contract or Paternity Agreement.
- Take it to the local courthouse. You can 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.
- Register it with the FRO.
Family Law Guided Pathways: Form 26B
Fill out court form to file your domestic contract for enforcement
You can also now file most family law forms and documents for a family court case online, including a separation agreement for the court to enforce. For more information, read the question How do I file court forms for my family law case online? If you're not allowed to, or don't want to file your documents online, then you have to file them in person at the courthouse.
The FRO can help collect money from a parent who lives in Canada, any state in the United States, and about 30 other countries that Ontario has an agreement with. These are called reciprocating jurisdictions.
If Ontario doesn't have an agreement with the country where the payor parent lives, the FRO cannot help you collect support. You will have to use the laws of the country where the payor lives. You can talk to a lawyer who may be able to help you do this.