5. Think about filing your separation agreement with the court
Question & AnswerWhat should we do if we agree on child support?
You or your partner can your with the court at any time as long as it has not been changed. This means that the court has a copy of your agreement.
Some of the reasons to do this are so:
- the court can enforce the support terms of your agreement by ordering you and your partner to follow it
- a government agency, called the (FRO) can enforce support payments
The FRO is a government agency that collects support from the person who has to pay support, keeps a record of the amounts paid, and pays 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.
Some people choose not to involve the FRO. It takes time for them to process the paper work and start enforcing payments. Or, if you and your partner get along well and you don't expect problems, you may not need the FRO's help.
To file your separation agreement with the court you have to:
- Fill out Form 26B: Affidavit for Filing Domestic Contract or Paternity Agreement and attach your current separation agreement to it.
- File the completed form with the court.
Family Law Guided Pathways: Form 26B
Fill out court form to file your domestic contract for enforcement
You can file your separation agreement with the court online. 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. Take your completed form to the nearest 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.
If you want FRO to enforce your agreement then you have to register it with FRO. You can do this right after you filed your agreement with the court, or you can do it later. For example, if your partner stops paying support a year after you made your agreement, you can file your agreement with the court and FRO then.