The Family Responsibility Office (or FRO) is a government
agency responsible for the enforcement of all child and spousal support orders
in Ontario. FRO is also able to enforce
the support provisions of a Separation Agreement as well so long as it has been
filed with the court using a Form 26B (Affidavit for Filing Domestic Contract)
which can be found here. There is no fee for the initial filing with
FRO and they do not deduct a percentage from the support amounts enforced each
month. If you withdraw from FRO and then
wish to re-engage their services, there will be a mandatory administrative fee.
When FRO receives a new support order to be enforced, it
will send out intake packages to both the support recipient and the support
payor. The support recipient is required
to provide information on any payments he/she has received up to the point of
completing the document and will need to swear to the truth of those statements
before a lawyer or commissioner of oaths.
The support payor will be asked to provide payment information and will
be given an opportunity to set up direct monthly payments to FRO. In the event that the support payor opts not
to respond, FRO has the authority to garnish up to 50% of the support payor’s
wages at source.
FRO has other enforcement options available to it as well,
including having the support payor’s driver’s license suspended, having the
support payor’s passport suspended, garnishing all government funds the support
payor is otherwise entitled to (i.e. income tax refunds), and imprisoning the
support payor. Child and spousal support
arrears survive bankruptcy and there will be no reduction of the arrears amount
in the event of imprisonment.
FRO is only able to enforce the support amounts specified in
the Order or Agreement. FRO will not
amend the amounts it collects until such time as a new Order or Agreement is
put into effect. Further, FRO will not
automatically terminate enforcement of support provisions even if a child turns
18 (or 28 for that matter). If you are
uncertain whether the support amounts in your matter should be varied, we can
review this with you during a consultation and provide guidance on the options
available to you.
Navigating the issues of child and spousal support is
difficult; we are here to help.
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