When your ex stops paying child support, it can put a real strain on your finances and create extra stress on top of everything else you’re already managing. On the flip side, falling behind on payments can cause serious legal and financial trouble for the parent who’s supposed to pay. Knowing how child support is enforced and when to get help from a family law lawyer can make a tough situation easier to handle.
How the FRO Helps When Your Ex Stops Paying Child Support
In Ontario, under the authority of the Family Responsibility and Support Arrears Enforcement Act, 1996, the Family Responsibility Office (FRO) is the government agency that makes sure child support payments are collected and sent to the parent who’s supposed to receive them.
If a parent falls behind, the FRO has strong powers to collect the money. They can take payments straight from wages or bank accounts, seize income tax refunds, suspend a driver’s license, or even cancel a passport. They can also place a lien on property so it can’t be sold without paying what’s owed. Missed payments may show up on the parent’s credit report, and in very serious cases, the court can start default proceedings that could even lead to jail time.
If you’re unsure how to get the FRO involved, or your ex is challenging the payments, a family law lawyer can walk you through the process and make sure your rights are protected.
What If You Didn’t Go Through the FRO?
Some parents set up child support payments directly between themselves instead of registering with the FRO. This can work until your ex stops paying child support. Without the FRO in place, there’s no easy way to force payment.
In that case, you may need to file your separation agreement or court order with the FRO so they can step in and enforce it. A family law lawyer can help you get this done quickly and make sure the paperwork is handled properly.
When the Other Parent Lives Outside Ontario
Under the authority of the Interjurisdictional Support Orders Act, 2002, the FRO can also help collect payments if your ex stops paying child support when moving outside of Ontario. If your ex-partner lives in another Canadian province, any U.S. state, or approximately 30 other countries that Ontario has agreements with, the FRO can enforce the payments. These are called “reciprocating jurisdictions.”
But if your ex lives somewhere Ontario doesn’t have an agreement with, you’ll have to rely on that country’s laws instead. That can be complicated, and in these cases, having a family law lawyer guide you through the process is especially important.
If Your Ex Stops Paying Child Support, They Won’t Automatically Lose Their Parenting Time
It’s also important to know that child support and parenting time are separate. Just because your ex stops paying child support doesn’t mean they automatically lose the right to see your child. Likewise, a parent who doesn’t have parenting time may still have to pay support.
The only time parenting time can be refused is if your child’s safety is at risk. If you’re worried about abuse or harm, call your local children’s aid society right away and get legal advice on your next steps.
Has Your Ex Stopped Paying Child Support? Call Us, We’ll Help You Sort Things Out
Child support issues can quickly become complicated, especially if payments have stopped or the paying parent has moved outside Ontario. An experienced family law lawyer at Scharff Nyland Chambers LLP can review your situation, explain your rights, and help you decide on the best steps to take. They can also represent you in court or when dealing with the FRO, making sure your child’s financial interests are protected.
At Scharff Nyland Chambers LLP, our family law lawyers have extensive experience with child support issues and the FRO, and we’re here to support you. We have offices in Barrie, Collingwood, Wasaga Beach, and the GTA.
If your ex has stopped paying child support and you need help getting it paid, call us at 1-866-721-5851, send us an email at reception@sncfamilylaw.com, or book a consultation.
***The information provided in this blog is for general informational purposes only and should not be construed as legal advice. If you have legal questions, we strongly advise you to contact us.
