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What Happens If My Ex Stops Paying Child Support in Ontario?

  • Writer: Ahsan Chaudhry
    Ahsan Chaudhry
  • 3 days ago
  • 4 min read
A concerned woman sitting at a table with a laptop looks toward a man standing nearby, who is holding a stack of cash behind his back while handing her a only a few dollars

When child support stops, it can impact both your finances and your child’s well-being. The good news is that Ontario has a strong enforcement system to help you get the support that is legally owed. You do not have to chase payments on your own, and you should never withhold parenting time in exchange for payment.


If your ex is behind on child support, here is everything you need to know about your legal rights, how the Family Responsibility Office (FRO) can help, and how Brace Law’s family lawyers can guide you through the process.


Child Support is the Child’s Right

In Ontario, child support is considered the right of the child, not the parent. This means:

  • You cannot deny parenting time because support is unpaid.

  • The paying parent cannot stop paying because they are not getting parenting time.


Courts keep these issues separate to protect the child’s best interests.


Step 1: Ensure You Have a Court Order or Registered Agreement

Before you can take enforcement action, you need a legally recognized support order or agreement.


Court Order

If your support arrangement was set by a court, it will automatically be filed with the FRO.


Separation Agreement

If you have a signed separation agreement, you can file it with the court using Form 26B: Affidavit for Filing Domestic Contract or Paternity Agreement, then send the FRO registration package. Once filed, the FRO can enforce it just like a court order.


If you previously withdrew from FRO and received payments directly, you can re-register by filing a Notice of Re-Filing and paying the re-filing fee. You can also submit a Statement of Arrears to document the amount owed.


Step 2: Notify FRO and Track Arrears

If payments stop, log in to FRO Online to:

  • Message your case contact.

  • Update your case details.

  • File a Statement of Arrears to officially record missed payments.


Keep your own records of missed payments, special expenses, and communication with your ex.


Step 3: Understand How FRO Enforces Payments

Once your case is with FRO, they can take powerful enforcement actions, including:

  • Wage Deductions – Sending a Support Deduction Notice to the paying parent’s employer so payments come directly from their income.

  • Bank Garnishment – Taking money directly from bank accounts.

  • Federal Payment Interception – Seizing income tax refunds, Employment Insurance benefits, or other federal payments.

  • Credit Reporting – Notifying credit bureaus of arrears.

  • Driver’s Licence Suspension – Suspending an Ontario driver’s licence for unpaid support.

  • Passport Suspension – Requesting the suspension of a Canadian passport or certain federal licences if arrears meet federal thresholds.

  • Property Liens & Seizures – Placing liens on property or seizing and selling assets.

  • Default Hearing in Court – Bringing the payor to court, which can result in jail for serious, ongoing non-payment.


If Your Ex is Self-Employed or Changes Jobs

Even if your ex has no employer, FRO can still enforce payments through bank garnishments, property liens, and asset seizures. If their income has genuinely decreased, they must bring a Motion to Change in court—FRO cannot change payment amounts on its own.


If Your Ex Moves Out of Ontario or Canada

Ontario’s Interjurisdictional Support Orders Act (ISO) allows FRO to enforce support in other provinces and in countries with reciprocal agreements. This ensures that moving away does not prevent enforcement.


What Not to Do

  • Do not stop allowing parenting time if payments stop.

  • Do not try to privately negotiate away arrears without proper legal advice.


Quick Action Checklist

  1. Confirm you have a court order or registered agreement filed with FRO.

  2. Log in to FRO Online and notify your case contact of the missed payments.

  3. File a Statement of Arrears with accurate records.

  4. Keep all proof of missed payments and expenses.

  5. Consult a family lawyer if you need to adjust support due to a change in circumstances.


Frequently Asked Questions

Can FRO add interest to unpaid child support?

Yes, if your order or agreement specifies interest, FRO can calculate and enforce it on arrears.

How long does it take for FRO to enforce payment?

Timelines vary, but most enforcement actions begin after FRO gives the payor notice and a chance to arrange payment.

What happens if my ex hides income or works for cash?

FRO can still enforce using bank garnishments, property liens, and asset seizures. If you suspect income is being hidden, a lawyer can help gather evidence and bring a Motion to Change.

Can child support be reduced if my ex loses their job?

The paying parent must bring a Motion to Change in court. FRO cannot change payment amounts without a new court order.

What if my ex moves to another province or country?

FRO can still enforce payments through interjurisdictional agreements, provided the jurisdiction has a reciprocal enforcement arrangement with Ontario.

Can I refuse parenting time if my ex owes support?

No. Parenting time and child support are separate legal matters. Denying access can hurt your own case in court.


How Brace Law’s Family Lawyers Can Help

Dealing with unpaid child support can be frustrating, stressful, and time-consuming. At Brace Law, our team of experienced family lawyers in Vaughan understands the urgency of enforcing child support. We can:

  • Review your current court order or agreement to ensure it is enforceable.

  • Help you register or re-register your agreement with the FRO.

  • File a Statement of Arrears and ensure proper documentation of missed payments.

  • Guide you through FRO enforcement actions, including wage garnishment, licence suspensions, and property liens.

  • Represent you in a Motion to Change if your circumstances—or your ex’s—have changed.


We combine legal expertise with compassionate guidance so you can focus on your family while we handle the legal process.


Book a Consultation with Brace Law today and let our team help you get the support your child deserves.


📍 Our Oakville Law Office (Main Office): 2939 Portland Dr Unit 202, Oakville, ON L6H 5S4

📧 Email: staff@bracelaw.ca


Visit www.bracelaw.ca or call us today to book your consultation.



Disclaimer: The information provided in this blog is for general informational purposes only and does not constitute legal advice. Legal policies and regulations change frequently, and every case is unique. For personalized legal guidance tailored to your situation, please consult with a qualified lawyer.

 
 
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