When Child Support Payments Stop
When a parent stops paying child support, it can create immediate financial pressure on the receiving household — and, most importantly, it can harm the child’s stability and well-being. Fortunately, Ontario law provides several effective ways to enforce child support and recover missed payments.
The primary enforcement agency is the Family Responsibility Office (FRO). This provincial office has broad authority to collect support directly from the payor and take enforcement action if payments stop. Below is a clear, step-by-step explanation of how to enforce a child support order in Ontario.
Step 1: Confirm You Have a Valid Order or Agreement
Before you can begin enforcement, ensure you have a court order or a filed separation agreement that sets out child support obligations.
- If your support was decided by a court order, it can be enforced right away.
- If you have a separation agreement, it must first be filed with the court to become enforceable through the FRO.
Keep records of all missed payments, bank deposits, and communications — this documentation helps if further legal action is needed.
Step 2: Register with the Family Responsibility Office (FRO)
If your order or agreement isn’t already registered with the FRO, this is your first step.
Once registered, the FRO becomes responsible for collecting payments directly from the payor. This means you don’t need to contact your former partner or pursue them personally — the FRO handles enforcement on your behalf.
If your FRO case was previously closed, you can reopen it and ask the office to collect unpaid amounts (known as arrears) that have built up.
Step 3: How the FRO Enforces Child Support
The Family Responsibility Office has extensive powers to enforce support payments. These include:
- Wage Garnishment: Deducting child support directly from the payor’s employment income.
- Bank Account Seizure: Taking funds directly from the payor’s bank accounts.
- Intercepting Federal Payments: Seizing income tax refunds, Employment Insurance benefits, and other federal sources of income.
- Licence Suspension: Suspending a driver’s licence or Canadian passports when arrears accumulate.
- Credit Bureau Reporting: Reporting overdue support to credit bureaus, which can affect the payor’s credit rating.
- Default Hearings: Bringing the case to court if a payor persistently fails to pay despite having the means to do so.
These measures are typically applied progressively, giving the payor a chance to comply before stronger enforcement steps are taken.
Step 4: Go Back to Court if Enforcement Isn’t Working
In some cases — for example, when the paying parent is self-employed, concealing income, or moving assets — the FRO’s enforcement tools may not be enough. In these situations, you or your lawyer may need to return to family court for additional remedies.
Court Options for Enforcing a Support Order
While contempt cannot be used for payment orders under Ontario’s Family Law Rules, courts still have several ways to enforce child support obligations, including:
- Garnishment Orders: Direct a bank or third party to send money owed to the payor directly to you.
- Writ of Seizure and Sale: Allow enforcement officers to seize and sell a payor’s personal property or land to satisfy child support arrears.
- Financial Disclosure Orders: Compel the payor to provide updated financial statements and documents under oath.
- If the payor disobeys a disclosure order, the court may consider contempt for that failure to disclose, not for non-payment itself.
- Default Hearings (through FRO): Under the Family Responsibility and Support Arrears Enforcement Act, 1996, the FRO can bring a default hearing before a judge. If the court finds the payor is intentionally refusing to pay, it can order payment schedules or, in rare cases, short-term detention.
Important Note on Contempt Motions
Under Rule 31(1) of the Family Law Rules (O. Reg. 114/99):
“An order, other than a payment order, may be enforced by a contempt motion…”
This means contempt proceedings cannot be used to enforce the payment of child or spousal support. Support payments must be enforced through the Family Responsibility Office or other civil enforcement methods like garnishment or writs. Contempt is only available for non-payment-related violations, such as ignoring parenting time, restraining, or financial disclosure orders.
Step 5: Track and Collect Arrears
Missed payments are called arrears. Keep a clear record of the dates and amounts owed. The FRO will also maintain its own record once your file is registered. In some cases, interest can be added to unpaid amounts, depending on your order or agreement.
Step 6: If the Payor Lives Outside Ontario
If the other parent has moved to another province or country, enforcement can still continue. Ontario’s FRO works with other provinces, territories, and many international jurisdictions through reciprocal enforcement agreements. That means your child support order can be registered and enforced outside Ontario.
When to Contact a Family Lawyer
If support payments have stopped and FRO enforcement isn’t resolving the issue, a family lawyer can help by:
- Reviewing your support order or agreement
- Helping you reopen or manage your FRO file
- Preparing court applications for garnishment, seizure, or disclosure
- Advising on strategies to locate assets or hidden income
A lawyer’s involvement often speeds up enforcement and ensures that your rights — and your child’s needs — are protected.
Need Help Enforcing Child Support?
If you’re struggling to collect child support in Ontario, our experienced family law team can help you navigate the FRO process and take decisive legal action when needed.
Contact IQBAL LAW today for a confidential consultation and find out how we can help you recover what’s owed.
DISCLAIMER:
The information provided in this blog is for general informational purposes only and does not constitute legal advice. No attorney-client relationship is established through this writing. You should consult with a qualified attorney for advice tailored to your specific situation. The lawyer and their firm disclaim any liability arising from reliance on this blog or any other content on this website.
Common Questions
Do I need a lawyer to enforce child support?
You can register with the FRO yourself, but legal assistance is valuable when the case involves hidden income, self-employment, or cross-border enforcement.
Can a parent avoid paying support by declaring bankruptcy?
No. Child support arrears are not erased through bankruptcy and remain enforceable.
How long does enforcement take?
FRO actions such as wage deductions may begin within a few weeks of registration, but more complex cases may take longer.
Can the court jail someone for non-payment?
The court may order detention only through a default hearing under the Family Responsibility and Support Arrears Enforcement Act — not through contempt. This happens rarely and only when the payor has the means but refuses to pay.