An order for spousal and/or child support made in Ontario is enforced through the Family Responsibility Office (FRO), unless the parties opt out of this process. If your circumstances have changed, and you can no longer afford to pay the amount of support you have been ordered to pay, you can ask the court to reduce your monthly payments.
FRO & Default Hearings
Individuals are often unaware of the fact that they may qualify to have their support obligations reduced by a court. In some cases, individuals will fall into arrears on their support obligations as a result, which can lead to serious consequences, including a suspended driver’s licence, a garnished bank account, a report to the credit bureau and the possibility of jail time.
At Law Wise Family Lawyers, we provide help to individuals who can no longer afford to meet their monthly support obligations by asking the court to revisit their case and change their existing order for support. This is called a “motion to change.”
We represent clients who have fallen into arrears on their payments with the FRO. In these cases, we communicate with the FRO on your behalf and attempt to negotiate a payment plan that is affordable to you. We also help clients who are facing the suspension of their driver’s licence by the FRO.
Where a support payer has repeatedly failed to make their monthly support payment, the FRO may initiate a Default Hearing. If you receive a notice of default hearing, you have 10 days to act. At this hearing, the court can make orders about how the arrears are to be paid and can order that, if they are not paid, the support payer will be committed to jail for up to 180 days. Because these matters can result in serious consequences and are often time-sensitive, you should immediately seek legal advice if you have fallen into arrears.
A refraining order is a court order that stops the FRO from suspending your driver’s licence. You can also get a refraining order on consent if you and the FRO lawyer agree on the payment terms. If you cannot agree, the judge makes the decision.
If the FRO sends you a First Notice of Driver’s Licence Suspension, you have until the deadline in the notice (30 days) to do one of the following:
- ∎ Pay all support arrears by contacting the FRO; or
- ∎ Enter into a voluntary arrears payment plan with the FRO that is affordable for you and covers the monthly support payments plus an additional payment for the arrears; or
- ∎ Ask the court for a refraining order within the 30 days, so that your driver’s licence is not suspended. You cannot get a refraining order after the deadline in the notice.
You can apply for a refraining order in the following circumstances:
- ∎ No mutual payment agreement has been reached between you and the FRO.
- ∎ You wish to change the support payment amounts
- ∎ You have brought a motion to change the amount of support you pay
The judge can also make orders for you to:
- ∎ Make complete financial disclosure to the FRO
- ∎ Continue making your regular support payments
- ∎ Continue making payments for outstanding support amounts
CONTACT US
Law Wise Family lawyers can represent you effectively in seeking refraining orders and in bringing motions to change. Feel free to call or email us to book a consultation.