What happens if someone defaults on child support payments and what is the role of the Family Responsibility Office?

When an order is made in relation to child support, the order is immediately forwarded to the Family Responsibility Office for enforcement. The Family Responsibility Office is responsible for ensuring that the terms of the court order are enforced. In the event that the payor parent is not abiding by the court order, and that payments are not being made according the provisions outlined in the court order, the Family Responsibility Office, or recipient of support, is in a position where they may take steps to enforce payment of the child support that is owed.

Methods that may be used by the Family Responsibility Office in order to collect child support payments include obtaining child support payments directly from the payor’s employer, garnishment of the payor’s bank accounts or RRSPs, or filing writs against property that the support payor owns. The Family Responsibility Office can also ask the Ontario family courts to suspend the support payers drivers license, passport, or other federal licences.

If you wish for the Family Responsibility Office to enforce child support payments and you and your spouse have withdrawn from the services of the Family Responsibility Office (by filing a Notice of Withdrawal), you will have to re-file the order or agreement with the Family Responsibility Office so that the Family Responsibility Office can commence enforcement of the support order and take the steps necessary to ensure that the payor makes the required support payments.

For more information about the Family Responsibility Office and your family law case in general, call 905-707-3370 to schedule a consultation with one of our experienced Toronto family law lawyers.