In Ontario, court-ordered support is filed with the Family Responsibility Office (FRO). When payments fall behind, FRO can garnish wages and bank accounts, intercept federal payments and suspend licences. It can also register liens and bring a default hearing.
How support enforcement works in Ontario, step by step
A support order is only as useful as the payments it produces. Ontario has a dedicated government office for collecting support, the Family Responsibility Office, which acts under the Family Responsibility and Support Arrears Enforcement Act, 1996. For the bigger picture of child and spousal support, see our child and spousal support page.
According to Ontario's official guide to enforcing support payments, the process works like this:
- The order is filed with FRO. When a court orders child or spousal support in Ontario, the support order is automatically filed with the Family Responsibility Office. Domestic contracts with support terms can be filed with the court and then enforced (Family Law Act, s. 35).
- FRO collects and forwards payments. Payments usually flow through FRO, which records what was paid and when. A record of arrears builds when payments are missed.
- The payor is contacted. FRO encourages a payor who falls behind to contact it right away to work out a payment plan.
- Enforcement begins if arrears build. FRO has legal authority to take a range of enforcement actions, and it may charge the payor a $400 administrative fee when it does.
- Court steps where needed. FRO can bring the payor to court for a default hearing, and a payor can ask the court for a refraining order to stop a driver's licence suspension for a time.
FRO does not pay the recipient when the payor misses a payment, does not change the amount or terms of a support order or contract, and does not get involved in parenting disputes. A change in the amount needs an agreement, a Child Support Service recalculation where eligible, or a court order.
The enforcement tools FRO can use
| Tool | What it does (per the Ontario government guide) |
|---|---|
| Support deduction notice | Takes support from income such as wages, including off-reserve income where the Indian Act applies |
| Bank account garnishment | Up to 100 per cent of an account in the payor's name only; no more than 50 per cent of a joint account, held 30 days so a co-holder can dispute |
| Federal payment deductions | Tax refunds, GST/HST credits, Employment Insurance, Canada Pension Plan, Old Age Security and more; up to 50 per cent of many income-type funds and 100 per cent of tax refunds |
| Credit bureau reporting | Notice after more than 60 days without a payment; the report stays on credit history for six years from the date reported |
| Driver's licence suspension | A notice gives a deadline to pay, sign a payment plan, or get a refraining order from the court |
| Federal licence suspension | Passport, pilot's licence, and maritime and navigational licences |
| Lien on property | Registers the arrears under the Personal Property Security Act against property (the guide's examples are a home, vehicle, boat or trailer) |
| Writ of seizure and sale | Filed with the sheriff where the payor owns land or assets; profits from a sale or refinancing go to arrears |
| Default hearing | The payor must attend court and explain; the government guide notes this could result in up to 180 days of jail |
If you are the parent or spouse who is owed support
Make sure the order is registered with FRO and that FRO has your current contact details. Keep your own record of payments received. If a domestic contract sets support, filing it with the court under section 35 of the Family Law Act lets its support terms be enforced like an order.
If the payor's income has gone up without disclosure, enforcement of the existing order is only part of the answer. You may also want an updated amount going forward and, where justified, an adjustment for past periods; see retroactive child support. The yearly exchange of tax information is the usual way to spot an income change; see yearly income disclosure.
If there is no order yet and support is not being paid, the first step is to get one. Courts can make temporary orders while a case is underway; see getting support before the case is decided.
If you are the payor and you are falling behind
The single most important step is to act before the arrears grow. Contact FRO to discuss a payment plan, and if your income has dropped, seek a change to the order as soon as possible. Arrears that build while you wait remain owing unless a court reduces them.
A change in the amount needs proper evidence of income; see what counts as income for support. For spousal support, see changing or ending spousal support. For child support, the Child Support Service or a motion to change may be available; our page on how child support is calculated shows how a lower income maps to the table.
If you receive a notice that your driver's licence will be suspended, you have three options before the deadline in the notice: pay all arrears, enter a voluntary arrears payment plan with FRO, or ask the court for a refraining order. A refraining order cannot be obtained after the deadline, and the court may require changes such as ongoing payments or financial disclosure. The motion is usually brought in the family court where you live; in Toronto, our page on the Ontario Court of Justice family courts in Toronto explains what to expect.
Clearing enforcement once arrears are dealt with
Enforcement steps do not all end the same way, so it helps to know what each needs. A lien registered against property stays in place until the arrears are paid in full, the property is sold and the arrears are paid from the proceeds, or the support order or contract is no longer registered with FRO. A writ of seizure and sale stays in effect until it is withdrawn or the arrears are paid in full, and a sale or refinancing of the land or asset must pay the arrears from any profit.
A suspended driver's licence can be reinstated under a payment plan with FRO, and there is a fee to reinstate it. If the plan is not kept, FRO can suspend the licence again. A suspended passport works similarly: once FRO agrees to a payment plan, it notifies the Government of Canada that it no longer asks for the suspension, but the payor must still contact the Government of Canada to obtain a valid passport. Credit bureau reports are updated when arrears are paid, but the report stays on the credit history for six years from the date it was made.
For these reasons, payors who can see trouble coming usually do better by contacting FRO and seeking a change to the order early, rather than trying to undo enforcement later.
What changes the answer
- Whether there is an order or a filed contract. FRO enforces court orders automatically and domestic contracts once filed under the Family Law Act. An unfiled private agreement is harder to enforce.
- Where the payor lives. Interjurisdictional enforcement for payors outside Ontario runs under the Interjurisdictional Support Orders Act, 2002, which the government guide names alongside the main enforcement act.
- Status under the Indian Act. Enforcement against property and income on reserve depends on whether the payor and recipient are Status Indians; off-reserve tools still apply.
- Joint bank accounts. No more than 50 per cent can be taken, and co-holders can dispute ownership within 30 days.
- A payment plan. A plan kept up to date can stop or reverse some actions, such as licence suspensions; missing it brings enforcement back.
- A pending change application. Asking for a lower amount does not stop the current order. Only a court order or new agreement changes what is owed.
A worked example
For example, imagine a payor in Toronto ordered to pay child support who is laid off and stops paying for three months, without telling anyone. After more than 60 days without a payment, FRO sends a notice of intent to report to the credit bureau, and later a notice that the driver's licence is at risk. The payor has a deadline to pay the arrears, enter a payment plan, or obtain a refraining order.
The better path, from the first week of the layoff, would have been to contact FRO about a payment plan and to seek a change to the order based on the lower income, with the layoff letter and job search records as evidence. The order would still have needed to be changed formally, but the arrears and enforcement steps would likely have been far smaller. This example is hypothetical.
Common mistakes with unpaid support
- Stopping payments without a court order. The old amount keeps accruing until it is changed.
- Paying the other parent directly while the order is with FRO. Payments outside FRO may not be credited without proof and confusion follows.
- Ignoring notices. Deadlines in FRO notices are real; a refraining order is not available after the deadline.
- Assuming FRO can change the amount. It cannot. Only the parties (in writing) or a court can.
- Not keeping records. Both sides should keep proof of every payment and every communication.
- Waiting for things to improve. Arrears grow and enforcement escalates. Early action keeps options open.
What to do this week
- Find your support order or agreement and confirm whether it is registered with FRO.
- Log in to FRO Online or call FRO (Toronto: 416-326-1817) to check the account balance.
- Gather proof of all payments made or received over the past year.
- If you are the payor and your income has changed, collect proof (pay stubs, layoff letter, medical notes).
- If you received an FRO notice, write down the deadline and decide which of the options you will take.
- Book a free consultation with us to plan a change, a payment plan or an enforcement step.
Frequently asked questions
Does FRO pay me if the other parent stops paying?
No. FRO collects and forwards payments; it does not make payments to a recipient when the payor misses one.
Can I opt out of FRO?
The government guide says court support orders are automatically filed with FRO. Whether a case can be withdrawn from FRO enforcement is governed by the enforcement act, so get advice before relying on private payments.
Can arrears be reduced?
Only a court order or an agreement accepted by the court can reduce arrears. A payor who could not pay because of a genuine change in circumstances should seek a variation promptly, with evidence.
What is a default hearing?
It is a court hearing where the payor must explain the missed payments. The Ontario government guide notes it could result in up to 180 days of jail time.
Does FRO enforce spousal support too?
Yes. The enforcement system covers both child and spousal support orders; see who is entitled to spousal support for how spousal support is decided in the first place.
Where do I go in Toronto for court steps?
Our Toronto family court guide explains which court hears which family matter, and the Family Law Information Centres in courthouses can help with forms.