Getting a spousal support order is one thing. Actually getting paid is another. About 1 in 4 support orders in Ontario has arrears at any given time. If your ex has stopped paying, reduced payments without authorization, or never started paying at all—you have options.
The good news: Ontario has strong enforcement mechanisms. The bad news: they're not always fast. Here's what actually happens when you need to enforce a support order.
The Short Version
FRO (Family Responsibility Office) is the government agency that enforces support orders. They can garnish wages, intercept tax refunds, suspend licenses, and more.
All support orders go to FRO automatically unless both parties opt out in writing.
You can also enforce privately through contempt motions or civil enforcement if FRO isn't moving fast enough.
The Family Responsibility Office (FRO)
FRO is Ontario's support enforcement agency. When a court issues a support order, it automatically gets sent to FRO. Their job is to collect support from payors and send it to recipients.
FRO handles both child support and spousal support. They manage over 400,000 active cases. That's important context—they're not ignoring you, they're just swamped.
How FRO Works
Once your order is registered with FRO:
- FRO contacts the payor's employer and sets up automatic wage deductions (if the payor is employed)
- The employer sends payments directly to FRO—not to your ex, who could choose not to forward them
- FRO sends the money to you by direct deposit or cheque
When everything works, you get regular payments without ever having to ask your ex for money. That's the system working as designed.
When it doesn't work—when your ex is self-employed, changes jobs without telling anyone, or simply refuses to pay—FRO has enforcement tools.
What FRO Can Do
FRO has serious enforcement powers. Here's the arsenal:
| Enforcement Tool | What It Does | How Effective? |
|---|---|---|
| Wage Garnishment | Deducts support directly from paycheque before your ex sees it | Very effective for employed payors |
| Tax Refund Interception | CRA redirects federal and provincial tax refunds to FRO | Good for catching up on arrears |
| Driver's License Suspension | Ministry suspends license until arrears are addressed | High pressure, especially if they need to drive for work |
| Passport Suspension | Federal government won't issue or renew passport | Effective for people who travel |
| Credit Bureau Reporting | Reports arrears to credit agencies, damaging credit score | Long-term pressure |
| Bank Account Seizure | FRO can garnish bank accounts and investments such as RRSPs | Effective if you know where the accounts are |
| Property Lien | Registers against real estate—must be paid on sale | Slow but catches up eventually |
| Lottery Winnings Intercept | OLG won't pay prizes over $1,000 if you owe support | Rare but satisfying when it happens |
| Jail | Court can order up to 180 days for contempt | Last resort—doesn't get you money |
The License Suspension Reality
Driver's license suspension is one of FRO's most effective tools. Your ex might ignore letters and dodge calls, but when they can't drive to work? That gets attention.
FRO can suspend a license when:
- The payor owes support arrears
- They've repeatedly missed payments
- They haven't made arrangements to catch up
To get the license back, your ex typically needs to pay the arrears in full OR make a payment arrangement FRO accepts. This isn't just inconvenient—if they keep driving, they can be charged criminally.
When FRO Moves Slowly
FRO's biggest weakness is speed. With 400,000+ cases and limited staff, enforcement isn't instant. You might be waiting weeks or months for action while bills pile up.
FRO tends to be slower when:
- The payor is self-employed (no employer to garnish from)
- The payor has moved or changed jobs
- The payor works under the table or hides income
- There are disputes about the amount owed
How to Speed Things Up with FRO
Steps to Get FRO Moving
- Call FRO and give them information. Do you know your ex's employer? Address? Bank? Give FRO every detail you have. They can't enforce if they can't find the payor.
- Check your case online. Register for FRO's online portal to see your case status, payment history, and arrears balance.
- Document everything. Keep records of missed payments, any communication with your ex about support, and your attempts to contact FRO.
- Request escalation. If basic enforcement isn't working, ask FRO about license suspension or other escalated measures.
- Contact your MPP. If FRO is truly unresponsive, your Member of Provincial Parliament's office can sometimes help move things along.
Private Enforcement Options
You're not limited to FRO. You can "withdraw" from FRO and pursue enforcement yourself—or do both simultaneously in some cases.
Contempt Motion
You can bring a contempt motion in court, asking a judge to find your ex in contempt for violating the support order. If found in contempt, your ex can face:
- Fines
- Jail time (up to 180 days)
- Being ordered to pay your legal costs
The threat of contempt often motivates payment. Nobody wants a contempt finding on their record—it can affect employment, immigration status, and more.
Civil Enforcement
A support order is like any other court order—you can enforce it through civil methods:
- Writ of Seizure and Sale: Register the support debt against your ex's property. The sheriff can seize and sell assets to pay arrears.
- Garnishment: Garnish bank accounts, investment accounts, or other income sources directly.
- Examination in Aid of Execution: Force your ex to come to court and disclose all their assets and income under oath. Lying is perjury.
Private enforcement costs money upfront (lawyer fees, court costs), but it's often faster than waiting for FRO.
FRO vs. Private: Which to Use?
| Factor | FRO | Private Enforcement |
|---|---|---|
| Cost | Free | Legal fees ($3,000-$10,000+) |
| Speed | Slow (weeks to months) | Faster (can schedule court date) |
| Effort | Mostly passive | Requires active involvement |
| Best for | Employed payors, ongoing collection | Large arrears, hidden assets, urgent situations |
Many people use both: keep FRO on the case for ongoing collection while pursuing private enforcement for large arrears or urgent situations.
The Self-Employed Problem
Enforcement gets harder when your ex is self-employed. There's no employer to garnish wages from. They control their own income and might be paying themselves less (on paper) than they actually earn.
What Still Works
- Tax refund interception: Even self-employed people file taxes
- License suspension: Still effective
- Bank account garnishment: If you know where they bank
- Property liens: Catches up when they sell
- Credit bureau reporting: Affects their ability to borrow
What You Might Need
For serious cases of hidden income:
- Forensic accountant: Can trace income through business records
- Private investigator: Can document lifestyle that doesn't match claimed income
- Motion to impute income: Ask the court to set support based on what your ex should be earning (see our Imputed Income article)
Support Arrears Never Go Away
Here's something your ex might not realize: support arrears don't expire. Unlike most debts, there's no limitation period on support arrears in Ontario.
That means:
- Arrears from 10 years ago are still collectible today
- Interest accrues on unpaid support
- Arrears survive bankruptcy—they can't be discharged
- If your ex moves to another province or country, Canadian courts can still enforce
Your ex can run from support payments, but they can't escape them permanently. The debt follows them.
What If They Really Can't Pay?
Enforcement assumes your ex can pay but won't. But what if they genuinely lost their job, got sick, or truly have no money?
Two different issues:
Past arrears: Still owed. The fact that your ex can't pay now doesn't erase what they owed before. Those arrears remain on the books.
Going forward: Your ex can apply to vary (reduce) support if their circumstances have genuinely changed. But they need to actually apply—they can't just stop paying and hope for the best.
Until a court changes the order, the full amount is owed. Missed payments become arrears automatically.
Practical Tips
If You're Owed Support
- Don't wait. The longer arrears accumulate, the harder they are to collect. Start enforcement early.
- Give FRO information. Employer name, address, bank, car they drive—anything that helps locate assets.
- Keep records. Document every missed payment and every attempt to collect.
- Consider private enforcement for large arrears. FRO is free but slow. If you're owed $20,000+, a lawyer might get results faster.
- Don't give up. Your ex might be hoping you'll just accept non-payment. Don't.
If You're Behind on Support
- Don't just stop paying. If you can't afford the full amount, pay what you can and apply for a variation immediately.
- Communicate with FRO. Make a payment arrangement before they suspend your license.
- Get legal advice. If circumstances have changed, you may have grounds to reduce support going forward.
- Arrears don't disappear. Even if support is reduced going forward, you still owe the past amounts. Negotiate a payment plan.
Try the Calculator
If circumstances have changed since your support order was made, run the calculator with current incomes to see what support might look like today.
Frequently Asked Questions
What is FRO and how does it enforce spousal support?
FRO (Family Responsibility Office) is an Ontario government agency that enforces support orders. All support orders are automatically filed with FRO unless both parties opt out. FRO can garnish wages, intercept tax refunds, suspend driver's licenses and passports, report to credit bureaus, and even initiate jail time for persistent non-payment.
How long does FRO take to start collecting?
Once FRO has your order and the payor's employer information, wage garnishment typically starts within 2-4 weeks. However, if FRO needs to locate the payor or their employer, it can take longer. FRO handles over 400,000 cases, so enforcement isn't always fast. You can check your case status online through the FRO portal.
Can I enforce spousal support myself without FRO?
Yes. You can "withdraw" from FRO and pursue private enforcement. This involves hiring a lawyer to bring a contempt motion or registering the support order as a judgment and using civil enforcement methods like property liens or bank account seizures. Private enforcement is faster but costs money upfront.
What happens if my ex is self-employed and hiding income?
Self-employed payors are harder to enforce against because there's no employer to garnish wages from. FRO can still intercept tax refunds, suspend licenses, and report to credit bureaus. For persistent cases, you may need private enforcement including forensic accounting to trace hidden income and assets.
Can my ex go to jail for not paying spousal support?
Yes, but it's rare and a last resort. A court can order up to 180 days in jail for contempt (willfully refusing to pay). However, courts prefer enforcement methods that actually result in payment. Jailing someone doesn't get you money—it's used to pressure compliance when the payor has the ability to pay but refuses.
Is there a time limit on collecting spousal support arrears?
No. Unlike most debts, support arrears don't have a limitation period in Ontario. Your ex could owe 10 years of back support and you can still enforce it. Arrears also survive bankruptcy—support debts cannot be discharged in bankruptcy proceedings.
Related Articles
- Modifying Spousal Support — When and how to change your order
- Imputed Income — When courts calculate income your ex "should" be earning
- Self-Employed Income — How support is calculated for business owners
- How Long Does Support Last? — Duration rules and when support ends