Enforcing Child Support
Published on 29 August 2022, 07:22:56 AM
You have a child support order. But how do you enforce it?
Even if you are only separated but your partner agrees to child support, you have options. Axess Law’s family law lawyers can advise you how.
How the Courts Assist
You can expect to support your children until they are 19 or financially independent. For a child with a disability, the obligation can be lifelong. Courts recognize this, but can you collect? Good news. Your child support order is automatically filed with the Ontario Family Responsibility Office (FRO) when you divorce. Separated couples can voluntarily deposit their written agreement after it is filed in court.
Less Hassle for You
The FRO relieves you of the burden of collecting from a reluctant partner. You give the FRO your ex-partner’s full name, address, SIN, place of employment or business, income and information on any property they own. The FRO collects directly from them, then pays you. Less hassle for you. More assurance you will be paid on time.
If They Don’t Pay
The FRO deals with tardy payors all the time. Missed payments get action. The FRO can enforce a child support agreement, court order or notice of calculation. The office may:
- Deduct payments automatically from wages or other income (commissions, EI, tax refunds, pensions and more).
- Register a charge or lien against personal property or real estate.
- Garnish (take) money in personal or joint bank accounts.
- Make an order to locate hidden income or assets.
Other Ways the FRO Collects
When Sandra remarried, she found child support expensive. Her ex-spouse Jack made good money. So she simply stopped paying. She quit her job, sold her condo and transferred her investments offshore. Sandra’s new life didn’t change her responsibilities. Since she refused to pay, the FRO suspended her driver’s licence and cancelled her passport. They even reported her to Equifax. Next time Sandra applies for a car loan, she could be turned down.
I’ve Heard Collections Takes a Long Time
That can be true. But the FRO does their best to pay on time. You may get partial payments if your partner falls behind. The FRO will pursue the balance for you.
What if Everything Else Fails?
Some parents fall on hard times. Others genuinely object to child support. The FRO has your back. While you may not want to see your ex-partner in jail, paying is a legal obligation. The courts will enforce it.
Changing Support Payments
It is up to you and your ex-partner to discuss changes in income or circumstances that affect your child support. If an amount is too little or too much, ask for a new written agreement or go to court. Or use the online child support service calculator at www.ontario.ca (your ex-partner must consent.) Give this information to the FRO to update your file.
Book a Consultation Today
Axess Law’s family law lawyers help you get a child support agreement that is fair. Contact us by email, phone or video call or when we reopen, drop by our offices 7 days a week, at a time convenient for you. Call 1-647-479-0118 or use our online booking form for an appointment. Our family law lawyers are experienced and affordable.
