Is your ex refusing to pay? Learn how the FRO can garnish wages, suspend driver's licenses, and seize bank accounts without a new court hearing.
Legal Review: Reviewed by Deepa Tailor, to ensure accuracy regarding the Family Responsibility and Support Arrears Enforcement Act.
The Family Responsibility Office (FRO) is a government agency in Ontario that collects Child and Spousal Support from the payor and sends it to the recipient.
For a court order, it is automatic: the court makes a support deduction order with the support order, and the court clerk files them with the FRO (Family Responsibility and Support Arrears Enforcement Act, 1996, ss. 10(1), 12(1)). A Separation Agreement must first be filed with the court (Family Law Act, s. 35) and then filed with the FRO.
Unlike private lawyers, the FRO has "Administrative Authority." They can seize tax refunds, ask the federal government to suspend passports, and take up to 50% of a paycheque without going back to a judge.
The FRO applies pressure in stages. Here is the escalation ladder:
The FRO sends a notice to the Payor's employer. Support is deducted directly from their paycheque (source deductions) before they even see the money.
The FRO intercepts any money the government owes the Payor, including Income Tax Refunds, HST Credits, and EI benefits.
The FRO notifies the Ministry of Transportation to suspend the Payor's Driver's License. They can also ask the federal government to suspend Canadian passports.
As a last resort, the FRO can bring a 'Default Hearing' to ask a judge to jail the Payor for up to 180 days for willful non-payment.
"She won't let me see the kids, so I can stop paying the FRO until she complies."
Support and Access are separate. The FRO only cares about the money. They have no authority to enforce visitation. If you stop paying, they will garnish you, regardless of whether you saw your kids this weekend.
If you have a Court Order, the court clerk usually sends it to the FRO automatically. If you have a Separation Agreement, you must do it yourself:
You must file your Separation Agreement with the court (Form 26B) to make it enforceable.
Ensure the 'Support Deduction Order' (SDO) form is signed.
Complete the FRO Registration package and mail it to the Intake Unit in Toronto.
Provide a void cheque for direct deposit.
Sometimes the FRO is slow or overworked. We can help you press the FRO to act, including by asking it to bring a default hearing (Family Responsibility and Support Arrears Enforcement Act, 1996, s. 41), or collect arrears faster.
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Deepa Tailor helps clients navigate the Family Responsibility Office bureaucracy and represents clients in Default Hearings to resolve arrears.
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