The Family Responsibility Office (FRO) is a government agency that enforces child support and spousal support payments. The agency collects support directly from the person who must pay it. FRO keeps a record of the amounts paid by the “payor” and then pays that amount to the support “recipient”.[1]
FRO Legislation
FRO enforces child support or spousal support under the authority of the Family Responsibility
and Support Arrears Enforcement Act[2], 1996 and the Interjurisdictional Support Orders Act,
2002.[3]
Court Order
When a person is ordered either by the Ontario Court of Justice or the Superior Court of Justice
to pay child or spousal support, the support order is automatically filed with FRO.[4]
Domestic Contracts
A domestic contract is a written agreement between two people. This type of contract sets out the parties’ rights and obligations toward each other, under family law.
As per section 51 of the Family Law Act, “ ‘domestic contract’ means a marriage contract,
separation agreement, cohabitation agreement, paternity agreement or family arbitration
agreement.”[5] Support terms within a Domestic Contract can be enforced by FRO. In order to
enforce a Domestic Contract through FRO the recipient needs to file the document at the Ontario
Court of Justice or the Superior Court of Justice, along with a Family Law Rules Form 26B:
Affidavit.
The recipient must also send FRO a copy of the filed Domestic Contract, a copy of the filed
Form 26B: Affidavit and a completed Family Responsibility Office registration package.[6]
Once a file has been opened at FRO, the payor should make all payments to FRO and should not
make any further payments directly to the recipient. Should a payor not send payments to FRO
and instead send the payment directly to the recipient, the support account at FRO will need to be
adjusted, and the payor will be charged $100 “every time” FRO has to adjust the account, to
make it show the correct amount.[7]
Employed
If the support payor is employed, the Court can send a support deduction notice to the employer
or other income source (i.e. pension provider). The payor’s employer or income source will
deduct the amount of support owed from the payor’s pay and send it to FRO.
Self-Employed, Unemployed, Not On Regular Payroll
There are several ways to pay FRO if the support payor is self-employed, unemployed or not on
a regular payroll, these include:
- pre-authorized payments, from a bank account;
- online or telephone banking; and also,
- by mailing or delivering a cheque to the Family Responsibility Office.[8]
Before the payor makes payments to the Family Responsibility Office, he or she should consult
their family lawyer to ensure the method, timing and amount of the payments are in following
with the relevant Court Order or Domestic Contract.
[1] Family Responsibility Office, Steps To Justice, https://stepstojustice.ca/glossary/family-responsibility-office/
[2] Family Responsibility and Support Arrears Enforcement Act , https://www.ontario.ca/laws/statute/96f31
[3] Interjurisdictional Support Orders Act, 2002, https://www.ontario.ca/laws/statute/02i13
[4] Support Payments in Ontario, Enforcing child and spousal support payments, Province Of Ontario, https://www.ontario.ca/page/enforcing-child-and-spousal-support-payments#:~:text=Support%20payments%20in%20Ontario&text=FRO%20helps%20families%20get%20the,Interjurisdictional%20Support%20Orders%20Act%2C%202002%20.
[5] Section 51, Family Law Act, R.S.O. 1990, c. F.3, https://www.ontario.ca/laws/statute/90f03#BK63
[6] Child And Spousal Support, Province Of Ontario, https://www.ontario.ca/page/child-and-spousal-support
[7] Paying and receiving child and spousal support, Province Of Ontario, https://www.ontario.ca/page/child-and-spousal-support
[8] Paying and receiving child and spousal support, Province Of Ontario, https://www.ontario.ca/page/child-and-spousal-support
Written by Erick Mckinlay