When a support order is made (spousal or child support), a support payee could choose to collect the support payable directly from the payor. He or she could choose to file a Support Deduction Order with the Director of the Family Responsibility Office (FRO). If the latter option is chosen, FRO collects the amount payable from the payor and pays it to the payee.
The Director of FRO employs different mechanisms to enforce the support orders filed in his/her office including:
a) commencing and conducting proceedings in the Director’s name for the benefit of the recipient;
b) requiring any person or public agency to disclose the name of the employer, place of employment, wages, salary or other income, assets, address or location of the support payor;
c) require the Federal Department of Justice to provide certain information used to locate defaulting payors;
d) garnishee debts owed to a support payor;
e) issue and file a Writ of Seizure and Sale with the Sheriff in any county in which the payor may have assets. The payor’s assets may be seized and sold, subject to certain exemptions;
f) register the support order in the Land Registry Office against property owned by the payor and thereby create a charge or encumbrance on the property which would be enforced by the sale of the property;
g) register the arrears of support debt as a lien or charge against any interest in all of the personal property owned by the payor anywhere in Ontario, both at the time of registration and thereafter;
h) intercept lottery winnings of a support payor where the payor wins the lottery in excess of $1000.00;
i) obtain an order restraining the payor from depleting his/her assets which may defeat the enforcement of the support order;
j) obtain a warrant for the arrest of a payor where the payor is about to leave Ontario in order to evade his/her support obligations;
k) file information concerning the arrears of support to a credit reporting agency;
l) suspend payor’s driver’s license.
Support orders have priority over all other debts of the support payor.
Once a separation agreement or a support order is filed with FRO, it is the FRO not the custodial parent/support recipient, who can take action to enforce the support order.
The Director of FRO could compel a support payor who owes arrears to file a financial statement and attend court to explain his default.
At default hearings, the jurisdiction of the court is limited to enforcing a valid outstanding support order and has no authority to rescind any arrears owing or vary the terms of the order i.e. this is not a variation hearing.
The only defences available to a payor in a default hearing is to establish that:
a) no arrears are owing or
b) payor is unable to pay for valid reasons.
A valid reason is a situation over which the payor has no control and which renders him without assets or income with which to meet his/her obligations e.g. disabling illness or involuntary unemployment.
Inability to pay as a result of the payor’s willful conduct does not constitute valid reasons e.g. circumstances which he/she willfully brought about or might reasonably have prevented, unemployed by choice, committing voluntary acts in place of employment which led to dismissal from employment, being intermittently underemployed, inability to work as a result of loss of driver’s license due to impaired driving conviction.
The court can enforce compliance of the support order by ordering immediate imprisonment or by making imprisonment conditional upon default of any payment. This is usually a remedy of last resort.
FRO cannot change the amount of support payable or terminate the support payment. If there is a material change that justifies the reduction/increase change or termination of support payable, a new court order must be obtained from the court that made the original order and filed with FRO
If you are interested in having our firm assist you with issues with Family Responsibility Office (FRO), please contact Toronto Family lawyers at(416) 972-0404 or toll free (855) 396-1207.
