NOTE: This article is provided for educational purposes only and does not constitute legal advice.
In Ontario family law support payments (spousal and child support) are administered by the Family Responsibility Office, often referred to as the FRO. The FRO enforces support obligations pursuant to court orders or registered domestic agreements on behalf of the recipient.*
What happens if a support payor refuses to pay?
Upon the filing of an order or a domestic agreement, the FRO has the power to deduct the support payments directly from the payor’s source of income, such as wages and salary. The FRO may also seize assets of the payor and/or register a lien against them.
If the payor doesn’t have the necessary income or assets to satisfy the amount payable, the FRO may administratively suspend the payor’s driver’s licence. Other licences, such as a licence granted under the Fish and Wildlife Conservation Act, 2006, may also be suspended.+
Besides the suspension of licences, the FRO may request a default hearing before the court, requiring the payor to provide financial information as prescribed by statutes and regulations, and to appear and explain the default. If the payor doesn’t show up, a bench warrant may be issued for the payor’s arrest.
At the default hearing, if no good reason is given to the court, the judge may order that the payor:^
(a) pay all or part of the arrears by such periodic payments as the court considers just, but an order for partial payment does not rescind any unpaid arrears;
(b) discharge the arrears in full by a specified date;
(c) comply with the order to the extent of the payor’s ability to pay;
(d) make a motion to change the support order;
(e) provide security in such form as the court directs for the arrears and subsequent payment;
(f) report periodically to the court, the Director or a person specified in the order;
(g) provide to the court, the Director or a person specified in the order particulars of any future change of address or employment as soon as they occur;
(h) be imprisoned continuously or intermittently until the period specified in the order, which shall not be more than 180 days, has expired, or until the arrears are paid, whichever is sooner; and
(i) on default in any payment ordered under this subsection, be imprisoned continuously or intermittently until the period specified in the order, which shall not be more than 180 days, has expired, or until the payment is made, whichever is sooner.
It’s important to remember even if a payor is taken into custody (put in jail), time spent in custody doesn’t reduce the arrears owing. The on-going obligation to pay support doesn’t stop, either. After getting out of the jail, the payor will be responsible for the amount owing, including any payments that have become due during the payor’s jail time.
*Family Responsibility and Support Arrears Enforcement Act, 1996, S.O. 1996, c. 31.
+This provision (Part V.1 Suspension of Licences under Fish and Wildlife Conservation Act ) is added to the Act on a day to be named by proclamation of the Lieutenant Governor.
^s.41(10)
Yes, this is all fine on paper, but what happens when a non payor in arrears transfers all assets to someone else’s name, including three properties worth over $500,000.; deposits money in some else’s bank account; hides inheritence money so FRO doesn’t get their hands on it? Since there is a souce of income, unemployement payment which they garnisheed 50%, which is a third of what is written on the court order, what happens next? Even with the non payors name on one of the property, FRO to my understanding CANNOT do anything except put a writ and seizure. How good is that? the property has to be sold. THey can’t go after a third party who beleives to be hiding assets, due to the regulations, something to do with section 42? yes FRO did try to remove his license but had to remove the order as the non payor complained that the arrear of statement was incorrect. When FRO did check into it, it was correct. If one knows how FRO operates, there are ways to get around of not paying support, arrears. There are lawyers who takes FRO cases only. In my situation, exactly what the non payor did. Hire someone like that and so far, it has worked.
The FRO can also seek jail time if the amount in arrears is not paid.
See my post: http://www.pswlaw.ca/2009/03/when-the-fro-seeks-jail-time/
I have dealt with FRO for 5 years. There have been multiple license supension notices sent, multiple voluntary arrears schedules placed, and still over $10,000 in arrears have not been paid out. The payor has also found a loophole. If the payor gets himself a company name wages cannot be gauranteed. A writ of seizure and sale is fine and good but will only happen once. I have withdrawn a couple of times from FRO and this has enable me to get some monies from the payor, then when he stops paying I go back on. I know the reply will be if continued on with FRO with no withdrawal I may have had more. I would disagree, 5 years has shown me that FRO cannot get money if the payor does not want to pay it.