What Happens If You Fall Behind on Child Support Payments in Ontario?

Child support payments are a critical obligation for parents in Ontario, designed to ensure children receive the financial support they need for their well-being. However, life can sometimes throw challenges your way, making it difficult to keep up with these monthly payments. If you’ve fallen behind on child support or are worried about doing so, it’s essential to understand what this means and how you can address the situation. This blog will explore the legal implications, potential penalties, and possible steps to take if your child support payments go into arrears in Ontario.

For personalized and professional advice, Janet Lee at Grant Lee Law is a trusted resource to guide you through the complexities of child support laws in Ontario.

Legal Responsibilities of Child Support in Ontario

Child support obligations in Ontario are governed by the Family Law Act and the Federal Divorce Act. According to the law, parents have a duty to provide financial support to their children, regardless of whether they are married, divorced, or in a common-law relationship. These payments are determined based on income and the number of children involved, following the Federal Child Support Guidelines.

When child support is not paid on time, the payments accumulate as arrears. This triggers serious legal consequences, as child support is a court-ordered responsibility, and failing to pay is treated as a violation of that order.

What Happens When Child Support Goes Into Arrears?

Falling into arrears on child support can bring significant financial and legal repercussions. Below are some of the consequences you may face:

1. Enforcement by the Family Responsibility Office (FRO)

The Family Responsibility Office (FRO) in Ontario is tasked with enforcing child support orders. If payments are missed, the FRO has wide-reaching authority to recover the money owed. This can include:

• Wage garnishment – Requesting your employer to deduct payments directly from your paycheck.
• Seizure of financial assets – The FRO can seize funds from your bank account or other financial assets to cover arrears.
• Tax refund interceptions – If you’re entitled to a tax refund, the FRO can redirect it to fulfill your child support obligations.

2. Suspension of Licenses

To encourage payment compliance, the FRO can suspend your driver’s license, as well as other licenses such as those required for work (e.g., professional or business licenses). This can create further challenges, especially if you rely on these licenses for employment.

3. Negative Impact on Credit Score

The FRO reports arrears to credit agencies, which can harm your credit score. This makes it more difficult to secure loans, mortgages, or lines of credit in the future.

4. Seizure of Passport

If arrears accumulate to a significant level, the FRO can request the federal government to suspend or deny the issuance of your passport. This can affect your ability to travel for work or leisure.

5. Court Action and Contempt Proceedings

If enforcement measures are not enough to recover the payments, the FRO or the other parent can escalate the matter to court. Judges take non-payment of child support seriously, and you could face additional fines or punishment, which may include imprisonment in extreme cases.

Why Do Parents Fall Behind on Child Support?

While it’s essential to stay current with payments, it’s important to acknowledge that falling into arrears often happens due to circumstances beyond a parent’s control. Common reasons include:

• Loss of employment or significant reduction in income
• Health issues or unforeseen medical expenses
• Financial strain due to other debts or obligations
• Miscommunication or confusion about payment amounts or schedules

If you’re struggling, know that you’re not alone. What matters most is how you address the situation.

Steps to Take If You’re Behind on Payments

Falling behind doesn’t mean you’re out of options. Here are practical steps you can take to manage arrears and get back on track:

1. Contact the Family Responsibility Office

Open communication with the FRO is key. If you explain your situation and indicate a willingness to comply with your obligations, they may offer flexible solutions, such as payment plans, to help you catch up.

2. Seek a Variation of Your Support Order

If your financial circumstances have changed significantly since the original child support order was issued, you may be eligible to request a modification. For example, if you’ve lost your job or your income has dropped, a court can adjust the support amount to better align with your current financial reality.

Consulting a family lawyer, such as Janet Lee at Grant Lee Law, can be invaluable during this process. A legal professional can help you gather the necessary evidence, prepare your case, and file a variation application on your behalf.

3. Explore Mediation or Alternative Dispute Resolution

If you and the other parent can agree on a new arrangement for payment, mediation can be a cost-effective and less stressful option compared to lengthy court proceedings. However, even mediated agreements must generally be formalized through a court application to make them enforceable.

4. Make Partial Payments

Even if you can’t pay the full amount, making partial payments shows good faith and a commitment to meeting your obligations. This can work in your favor when negotiating with the FRO or appearing in court.

5. Prioritize Proactive Planning

Once you’ve addressed arrears, create a budget or financial plan to stay current with future payments. Setting up automated payments or working with a financial advisor can help ensure consistency going forward.

How Can Janet Lee at Grant Lee Law Help?

Facing child support arrears can feel overwhelming, but legal professionals like Janet Lee at Grant Lee Law are here to help. With a deep understanding of family law in Ontario, Janet Lee can:

• Review your child support order and advise you on modification options
• Help you understand your rights and responsibilities
• Advocate for you in negotiations, mediation, or court proceedings
• Assist in navigating enforcement actions from the FRO

Having expert guidance can make a significant difference in resolving arrears and protecting your financial future.

Falling behind on child support payments in Ontario carries serious consequences, but you’re not without solutions. By addressing the issue early, seeking legal advice, and exploring options to adjust your payment obligations, you can work toward resolving arrears and meeting your responsibilities.



If you’re facing challenges with child support arrears, don’t hesitate to reach out to Janet Lee at Grant Lee Law. Professional legal support can offer clarity, advocacy, and peace of mind as you take steps to secure a better future for yourself and your family.