The Family Responsibility Office (FRO) is responsible for enforcing court orders for child and spousal support; separation agreements and domestic contracts that are filed with Ontario courts; and court orders made in reciprocating jurisdictions that are registered with the Ontario court.
Any payor who falls behind in making support payments should contact the FRO immediately. In many cases, the FRO is able to work with that individual to create a voluntary repayment plan. If a payor enters into such an agreement with the FRO, most enforcement action will be avoided as long as the payor complies with the agreement.
However, when a payor defaults on their support responsibilities and does not enter into a repayment agreement with the FRO, they are subject to enforcement actions. Before taking action, the FRO will try to contact the payor (the person making the support payment) using the address that is on record.
The FRO may take the following actions to recover money that is owed to families and children:
Driver's Licence Suspension
FRO will begin the driver's licence suspension process if a payor continues to default on support payments after the FRO has mailed a notice to the payor's address or contacted the payor about the arrears. To avoid having the licence suspended, the payor must take action within 30 days of receiving the first notice in the mail.
A payor has three options once a first notice of a Driver's Licence Suspension is received:
- Pay all of the arrears owing.
- Contact FRO to work out a repayment agreement. This is called a Voluntary Arrears Payment Schedule (VAPS).
- Obtain a refraining order from the court directing the FRO not to suspend the licence while the payor applies for a variation to the existing support order.
Credit Bureau Reporting
Support payors who are in arrears may be reported to credit bureau, making it more difficult for them to obtain loans or other credit while they owe money to families. The FRO will send a notice of its intent to report a defaulting payor to the credit bureau. The payor must contact the FRO within 15 days to pay the arrears in full or make a payment arrangement. If the payor does not contact the FRO, further enforcement actions can be taken in addition to credit bureau reporting. The report will stay on the payor's credit rating for six years from the date it was reported.
Garnishment of Bank Accounts Including Joint Bank Accounts
A garnishment is used to seize money in a bank account or other money owed to the support recipient. Bank garnishments apply to bank accounts held either solely or jointly by the support payor in the province of Ontario. 50% of funds held in a joint bank account with a defaulting payor may be seized for the payment of support arrears.
Writ of Seizure and Sale
The FRO can issue a writ of seizure and sale against a payor's property or assets. This enforcement action prevents the payor from making certain financial transactions until the support arrears are paid. For example, the support payor will have to pay any arrears owing before closing a house sale or renewing a mortgage.
Registering Support Orders as Security under the Personal Property Security Act
The FRO can register support debts under the Personal Property Security Act. This registers the arrears as a lien or charge on any interest in all the personal property in Ontario that the payor owns or holds at the time of registration, or acquires afterwards. If and when the support payor attempts to sell such property, a search will indicate that there is a registration against the support payor. The support payor will have to pay any support arrears owing before certain financial transactions involving personal property can be made. For example the support payor would have to pay arrears owing before selling a boat.
Federal Licence Suspension
FRO will begin the federal licence suspension process if a payor continues to default on support payments. Federal licences affected include passports, pilots licence, and maritime and navigational licences and certificates. In order to avoid federal licence suspension the payor must contact the FRO to make payment arrangements or pay the arrears in full.
Interception of Lottery Winnings
Support payors who are in arrears may be reported to the Ontario Lottery and Gaming Corporation. This means that the FRO has the authority to seize a payor’s lottery winnings of $1000 or more, if there are family support arrears.
Default Hearings
The FRO may bring a payor to court on a Default Hearing if the payor is not making support payments. A Default Hearing provides the support payor the opportunity to explain to the court the reasons for non-compliance of their support order.
The court has a number of powers at the Default Hearing. For example, the court may order the payor to make payment(s) toward the support owed, or else be jailed for up to 180 days.
During a Default Hearing, if a court finds that a third party is involved in sheltering a payor's assets or income from the enforcement of the support order, the court can make an order against the third party.
Diversion of Federal Funds
The FRO may also collect funds owed to the payor from federal sources (e.g., from an income tax refund, GST rebates, CPP or Employment Insurance Benefits).
Administrative Fee for Enforcement
The FRO may charge an administrative fee of $400 if a payor's account is not being paid regularly and on time thereby requiring the FRO to take actions such as suspending a payor's driver's licence or bringing the payor to court.
It is important that payors contact the FRO if they are having problems making their support payments. Payors may be able to negotiate a plan for repayment of arrears with the FRO.