In family law, securing a court order for payment—whether for child support, spousal support, or an equalization payment—is just the first step. Ensuring that these payments are made is equally important. Fortunately, Ontario provides various enforcement mechanisms to help recipients collect what they’re owed.
Enforcement Through the Family Responsibility Office (FRO)
The Family Responsibility Office (FRO) is a government agency that enforces support orders. Once a support order is registered with the FRO, it takes over the enforcement process at little to no cost to the recipient. The FRO has powerful tools at its disposal, including:
- Garnishing wages and bank accounts.
- Suspending driver’s licences or passports.
- Seizing assets.
- Imposing penalties or even jail time for non-payment.
If you have withdrawn from the FRO but need their assistance again, you can re-register your order for a modest fee.
Private Enforcement Options (Enforcement by Litigants)
For non-support payments, such as equalization payments, or if you prefer not to use the FRO, private enforcement options are available. These include:
· Garnishment: Seizing funds directly from the payor’s income or bank account.
· Seizure and Sale: Taking and selling the payor’s assets to satisfy the debt.
· Financial Examination: Requesting a court-ordered review of the payor’s financial situation.
· Appointment of a Receiver: Assigning someone to manage the payor’s income or assets to ensure payments are made.
These options are set out in r. 26(3) of the Family Law Rules, O. Reg. 114/99 (“FLR”).
What If the Payor Defaults?
If a payor defaults on payments, additional steps may be required, such as:
· Requesting a default hearing.
· Pursuing creative solutions, like managing the payor’s rental property to collect income.
Protecting Your Rights
Enforcing payment orders can be challenging, but understanding your options—and acting promptly—is key to ensuring compliance and securing your financial stability.
Why Choose HCLS?
At HCLS, we have experience in enforcing court orders efficiently and effectively. Whether you need assistance navigating the FRO process or pursuing private enforcement options, our team is here to help. Let us handle the complexities so you can focus on what matters most.
