Child Support Arrears in Ontario
Understand the laws on rescinding debt, Refraining Orders, and what happens when you can't pay.
Legal Review: This financial guide was reviewed by Deepa Tailor, Senior Family Lawyer, to ensure compliance with the Family Responsibility and Support Arrears Enforcement Act (2026).
Do Arrears Ever Go Away?
Generally, No. Child Support arrears are a 'Crown Debt.' They do not expire, and they survive bankruptcy. Even if you declare bankruptcy, you will still owe the support debt when you emerge. However, in rare cases of extreme hardship, a judge may order a reduction or cancellation ('Rescinding') of arrears if you can prove that enforcing the debt would be 'grossly unfair.'
What Happens When Debt Piles Up?
Mandatory Interest
Unless your court order says otherwise, Ontario's Courts of Justice Act applies post-judgment interest to unpaid support. The debt grows automatically.
Credit Score Damage
The Family Responsibility Office (FRO) can report your arrears to the Credit Bureau, making it impossible to get a mortgage, car loan, or credit card.
License Suspension
Once arrears hit a certain threshold, the FRO automatically moves to suspend your Driver's License. You need a 'Refraining Order' to stop this.
Federal Interception
The government will seize your Income Tax Refunds, GST/HST rebates, and even Old Age Security (OAS) benefits to pay down the debt.
Managing the Debt: Which Side Are You On?
For Payors (I owe money)
GOAL:
Stop the bleeding.
STRATEGY:
File a 'Motion to Change' to lower current payments so arrears stop growing. Then, seek a 'Payment Schedule' you can actually afford to pay off the past debt slowly.
For Recipients (I am owed money)
GOAL:
Collection.
STRATEGY:
If the FRO is moving too slowly, we bring a 'Default Hearing' to court. The payor must explain to a judge why they haven't paid. If they have no excuse, they face jail time.
The 'Grossly Unfair' Test
Judges hate cancelling child support debt. To succeed, you must meet the strict legal test from DiFrancesco v. Coutu:
Permanent Change
You must prove you suffered a long-term change (e.g., catastrophic injury) that made paying impossible at the time.
Full Disclosure
You must provide impeccable financial records. If you hid income or failed to file taxes, the judge will deny your request immediately.
No Delay
You must explain why you didn't ask for help sooner. Waiting 10 years to fix the order usually results in a refusal.
Gross Unfairness
You must prove that enforcing the debt now would be 'grossly unfair' to you, weighing your hardship against the child's right to support.
Arrears FAQs
Deepa Tailor, Senior Family Lawyer
Deepa Tailor is the founder of Tailor Law. She has successfully argued Motions to Rescind Arrears for payors facing hardship and secured strict enforcement orders for recipients.
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