In Ontario, if your ex has been court ordered or has agreed in writing to pay child support, then the best way to enforce the child support order or child support agreement and collect the child support that is owed, is to register the child support Order or child support Agreement with the Family Responsibility Office (FRO). The child support Order will be sent to the Family Responsibility Office (FRO) by the Ontario Family Court making the Order.
Child support agreements will have to be registered with the Ontario Court of Justice who will then send the Agreement to the FRO for collection. Once your Child Support Order or Agreement is registered with the FRO, they will send you a filing package. You must complete the forms in the filing package and return them to the Family Responsibility Office.
The FRO will collect child support from your ex’s salary through a wage garnishment if the payor’s employer is known. In that event, you can expect child support payments to start arriving within 30 to 60 days after the child support garnishment has been registered. Payment dates may vary. Child support payors’ are required to make payments according to the child support court order or agreement. However, employers and other income sources are allowed to send child support payment deductions according to their pay schedules, even when these dates do not coincide with the due date set out in the child support court order.
An employer has two weeks to set up the child support payroll deduction once they receive the Support Deduction Notice from the Family Responsibility Office. The child support payment must be deducted in the next pay period and sent to the FRO. You can receive your payments from FRO by:
– Direct deposit into your bank account
– Cheques mailed to you
When child support payments fall behind, the FRO will try to work with the payor to enter into an agreement to pay any child support arrears by installments, in addition to paying the ongoing child support payments. The FRO can also collect funds from federal government sources and take enforcement actions to recover child support arrears including suspending your ex’s driver’s license and passport.
For more information about how to enforce your child support agreement in Ontario and collect child support from your spouse visit www.bermanbarristers.com or www.myontariodivorce.com.