Child Support

What if Support Payments Aren’t Made? (FRO & Default Hearings)

Written by Russell Alexander ria@russellalexander.com / (905) 655-6335

When support payments stop or fall behind, the result is financial stress—and there are formal systems to enforce support. In Ontario, the Family Responsibility Office (FRO) collects, distributes, and enforces child and spousal support orders and agreements. Understanding how the FRO operates and what a default hearing entails will help payees and payors navigate enforcement and resolution. 

Understanding the Family Responsibility Office (FRO)

The FRO is the provincial office that enforces support obligations: it receives court orders and written agreements, collects and distributes payments, and uses enforcement measures when payors default. If a support order exists, filing it with FRO gives the office authority to act on enforcement. Ontario Courts 

How the FRO Enforces Orders

The FRO has a toolkit of enforcement options—examples include wage garnishment, intercepting tax refunds, suspending driver’s licenses, registering arrears against property, and other collection measures. These steps are intended to compel payment and protect recipients’ incomes. Ontario Courts 

Steps to Take If Payments Stop

  • Confirm whether the payor missed payments or payments are late. 
  • Contact FRO to register the problem (if the order is already filed) or ask the court clerk to file the order with FRO. 
  • Provide documentation of the arrears and any communication with the payor. FRO can then initiate enforcement measures or schedule a default hearing. 

Default Hearings: What They Are and What to Expect

When enforcement is pursued, FRO may schedule a default hearing to review the payer’s reasons for non-payment. Notice of a default hearing will specify required paperwork and deadlines. Attendees should be prepared with income/expense records and any evidence supporting an inability to pay or an application to vary the order. Ontario Courts 

Consequences for Non-Payment

Consequences may include administrative fees, enforcement actions (e.g., wage garnishment), suspension of driving privileges, or court contempt proceedings in severe cases. Payors who cannot meet obligations should promptly apply to the court to vary the order rather than defer—courts expect parties to address arrears proactively. 

Legal Remedies and Options for Payors and Payees

  • Payees: register the order with FRO, request enforcement, and keep records of missed payments. 
  • Payors: if ability to pay has changed, file a variation application with supporting evidence (medical issues, job loss, changed custody arrangements). Seek legal advice before stopping payments—failure to pay without a court modification risks serious enforcement consequences. 

Non-payment of support is stressful, but Ontario has a structured enforcement system through FRO and default hearings to protect recipients. If you’re facing arrears—either as a payee or a payor—act quickly: register the order with FRO, gather documentation, and seek legal advice to address enforcement or to apply for a variation. 

Join our free webinar, What if Support Payments Aren’t Made? (FRO & Default Hearings), on November 11 at 5PM ET to learn practical steps to enforce or respond to enforcement actions. Ontario Courts 

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About the author

Russell Alexander

Russell Alexander is the Founder & Senior Partner of Russell Alexander Collaborative Family Lawyers.