What is the role of the employer/income source?
As an employer or income source, you have an important role under the Family Responsibility and Support Arrears Enforcement Act, 1996 (FRSAEA). You are directly helping children and families in Ontario who depend on receiving child and spousal support payments. You are also helping parents who are required to pay support keep their payment records in good standing.
If your organization has been identified as the employer or income source, the Family Responsibility Office (FRO) will send you a support deduction notice. This is a legal document that is issued by the FRO when there is a court order or filed agreement to pay child or spousal support. As the identified employer or income source, you are required to deduct support payments from the payor's (person ordered by the court to pay support) earnings and send the money to the FRO.
How does an employer contact the Family Responsibility Office?
For information about a case that you are making payments/remittances on, please call the Employer Hotline number shown at the top of the support deduction notice. This number is only for employers. Do not give it to your employee(s).
Why have I been sent a support deduction notice for an employee?
In Ontario, all court-ordered support payment agreements are filed with the Family Responsibility Office (FRO). If there is a known employer, the FRO will issue the employer a support deduction notice. Issuing a support deduction notice to employers is a normal practice in the province and benefits the families and children of Ontario who receive court ordered support payments. This is not punitive and it does not indicate a payment problem or a concern with debt management.
Must I keep this information confidential?
Yes. It is legally required that you keep all support deduction information confidential and private. Details should only be shared with the employee, the Family Responsibility Office (FRO), and employees in your organization who make the support deductions and send in payments. This information should be kept in a secure place. When sending documents to the FRO, you should ensure that no personal information about the employee is visible in the window of the envelope.
As the employer, may I charge the employee a fee for making support deductions on their behalf?
No. The law also states that the employer cannot dismiss, discipline, punish or intimidate an employee for making support payment deductions.
How do I calculate the amount to deduct?
Read the support deduction notice and follow each step to calculate the amount that you must deduct and send to the Family Responsibility Office.
For answers to other questions about support deduction payments, please call the Employer Hotline number shown at the top of the support deduction notice.
The support deduction notice that I just received indicates that the first payment is due in three days. What should I do?
After receiving a support deduction notice, you have up to 14 days to set up the deductions with your payroll system. On the first pay date after the initial 14 days, you are required to begin deducting from the employee’s net pay. The employee is responsible for sending support payments to the Family Responsibility Office in the period before support deductions are taken from their pay.
What should I do if an employee has more than one Support Deduction Notice or two or more separate cases?
Regardless of the number of support deduction notices a person might have, you may only deduct a maximum of 50% of their net income at any given time.
What should I do if I get a support deduction notice for an employee, but the employee already has a garnishment in place?
Please call the Family Responsibility Office (FRO) Employer Hotline number shown at the top of the support deduction notice for further direction. Generally, with the exception of a federal garnishment, support deduction notices from the FRO take priority over other debt, regardless of when the other garnishment was issued.
What should I do if the employee works irregular hours?
Keep deducting support payments and send them to the Family Responsibility Office even though the amounts might vary each pay period. You may only deduct up to a maximum of 50% of the net income.
May I exclude vacation pay, bonuses and commissions?
No. Vacation pay, bonuses and commissions are considered part of the employee’s regular income, and should be included in the calculation of the employee’s net income.
Do I include tips or gratuities?
No. Tips are not calculated as part of net income for family support deductions.
Do I include expenses that get reimbursed to the employee?
No. Reimbursed expenses are not included in the calculation of the employee’s income.
Should I tell the employee I just received a support deduction notice?
Yes. Handle it in a confidential and respectful manner. You should also know that the employee will also receive a copy of the support deduction notice.
What should I do if the employee owes arrears, but taking 50 per cent of their income will cause them hardship? What can I tell the employee to do?
Please have the employee call the Family Responsibility Office (FRO). The employee may be able to negotiate a re-payment schedule, also called a Voluntary Arrears Payment Schedule. After an agreement has been reached, the FRO will send to you a new support deduction notice. It will outline the amount to be deducted for arrears. The employee can contact the FRO by calling 1-800-267-4330.
What do I do if the employee disputes the amount that I am deducting?
Do not take your instructions from the employee or the employee’s lawyer. Tell the employee to contact the Family Responsibility Office (FRO) at 1-800-267-4330 if there are changes to be made. If changes are made, the FRO will send you a new support deduction notice.
What should I do if the employee tells me to stop deductions because he/she doesn’t owe any support payments?
As the employer, you are legally required to deduct and send support payments to the Family Responsibility Office (FRO). Do not take instructions from either the employee or the employee’s lawyer. Please continue to deduct and send support payments until the FRO notifies you to stop. You can also call the Employer Hotline number shown at the top of the support deduction notice for clarification.
What should I do if the employee’s lawyer sends me a court order to stop deducting “forthwith”?
Please call the Family Responsibility Office (FRO) Employer Hotline number shown at the top of the support deduction notice and let the FRO know what you have received. Do not stop making support deductions unless you are told to do so.
What should I do if the employee tells me he/she has declared bankruptcy?
Support payments are still due and you should continue to deduct them from the employee. The Family Responsibility Office will continue to enforce the support deduction notice. If you require more information, call the Employer Hotline number shown at the top of the support deduction notice.
What should I do if the employee’s ex-spouse calls and questions me about their support deductions?
Please do NOT provide any information to the employee’s ex-spouse, as this is a confidential matter. As the employer, you are required by law to keep any information about any support deductions confidential. This person should not be contacting you for any information. Ask this person to contact the Family Responsibility Office (FRO) at 1-800-267-4330.
What should I do if I have received a support deduction notice from the Family Responsibility Office, but the employee does not work for me?
You should contact the Family Responsibility Office (FRO) within 10 days of getting the notice. Let the Family Responsibility Office know that the individual named in the support deduction notice does not work for you. You may choose to write this information directly on the notice that the Family Responsibility Office sent to you and fax it to (416) 240-2401.
What should I do if the employee is laid off, terminated or unable to work due to injury?
You should notify the Family Responsibility Office (FRO) within 10 days of any change in the employee's status with your organization. Please send a letter indicating the employee's name, their case number and the reason for the interruption in support deductions. If the employee is receiving short- or long-term disability, please indicate this and provide the name of your organization's insurance carrier. Mail this letter to:
Family Responsibility Office
Ministry of Community and Social Services
P.O. Box 220
Toronto, ON M3M 3A3
or fax it to (416) 240-2401.
If your organization is enrolled with the FRO’s Internet-based remittance service, Electronic Corporate Link to Internet Payment Services (ECLIPS), simply complete the on-line electronic employment change form to report an interruption in support deductions.
I use the Electronic Corporate Link to Internet Payment Service (ECLIPS) to send my payments to the Family Responsibility Office. I reported that an employee was terminated using the electronic employment changes form. Do I still have to send a paper letter as well?
No. A completed electronic employment change form that is sent to the Family Responsibility Office is considered proper notification by the employer. When the Family Responsibility Office collects your electronic notification, the information is placed into the case file and appropriate action is taken. You may, however, wish to print a copy of your completed electronic employment change form for your own records.
Why am I still receiving notices after I terminated the employee and notified the Family Responsibility Office by sending a letter with the final cheque?
Please do not send letters or correspondence to the Family Responsibility Office's payment address. Please see the instructions in the Cheque and Money Order Payments section for more details and the correct mailing address for all correspondence, or review the information on the ECLIPS that would allow you to send payments electronically and communicate electronically.
I process support payments for one employee that always pays $125 a month. Could I send the Family Responsibility Office 12 post-dated cheques for the year to save me time?
Although post-dated cheques are accepted from employers, the Family Responsibility Office does not encourage the use of this method. Instead, employers are encouraged to use any of the many timesaving electronic remittance options or to consider registering for the Corporate Pre-Authorized Payment option if you send in the same amount every month for one or just a few employees.