What Happens If The Payor Stops Paying Child Support?

Why Child Support Matters?

Child support ensures that children continue to benefit from both parents’ financial resources after separation. It is not optional or discretionary, it is a legal obligation under the Divorce Act or the Family Law Act, depending on the nature of the relationship.

When one parent stops paying, the consequences are serious. Non-payment not only creates financial hardship for the recipient parent, but it also triggers enforcement mechanisms under Ontario law.

How Child Support Is Enforced In Ontario?

In Ontario, child support orders and eligible agreements are automatically filed with the Family Responsibility Office (FRO). The FRO is a government agency created under the Family Responsibility and Support Arrears Enforcement Act, 1996 (FRSAEA).

Once a support order or agreement is registered, the FRO takes over the collection and enforcement of payments. Support payors must make payments directly to the FRO, not to the other parent.

What The FRO Can Do If Payments Stop?

The FRO has broad statutory powers to compel payment. If a payor defaults, the FRO may:

• Garnish wages, bank accounts, or tax refunds;
• Suspend driver’s licences or Canadian passports;
• Report arrears to credit bureaus;
• Place a lien on property;
• Commence default hearings to determine why payments have not been made;
• Seek a contempt order in serious or repeated cases of non-compliance.

The FRO’s authority exists whether the payor is employed, self-employed, or receiving benefits such as CPP or EI.

Payment Of Child Support Pending FRO Enforcement

When a new order or variation is issued, there can be a short delay before the FRO begins active enforcement. During that window, the payor must continue paying support directly to the recipient until FRO confirms enrolment.

Courts have consistently held that a payor cannot use the delay in Family Responsibility Office (FRO) enforcement as an excuse to pause child support payments. When a new support order or variation is issued, the payor must continue making payments directly to the recipient until the FRO confirms enrolment and begins active enforcement.

For instance, in the case of McElroy v. Spence, the court addressed a situation where the payor delayed child support payments, citing the process of setting up his FRO account. The court found this delay unacceptable and ordered the payor to pay the outstanding child support directly to the recipient within seven days. The court also directed the FRO not to penalize the payor for following the court’s order to make direct payments during the interim period. This case underscores the principle that payors must not use FRO registration delays as a justification for withholding support payments, as it is not in the best interest of the child to endure hardship due to administrative delays  McElroy v. Spence, 2025 ONSC 1252 (CanLII)

Similarly, in F.H. v. M.S., the court acknowledged that there was a delay before the temporary child support order began to be enforced through the FRO. During this period, the payor made direct payments to the recipient, which were later credited to his FRO account. This demonstrates that direct payments during the interim period are both necessary and recognized by the courts  F.H. v. M.S., 2024 ONSC 5560.

Contempt Motions And Other Court Remedies

If enforcement through FRO measures is insufficient – for example, where a payor hides income, moves assets, or deliberately disobeys a court order, the recipient can seek further judicial remedies, including:

• A contempt motion under Rule 31 of the Family Law Rules, where the court can impose fines or jail time for wilful disobedience;
• An order for financial disclosure or questioning to determine the payor’s income and assets;
• A motion to vary or impute income under section 19 of the Federal Child Support Guidelines;
• Costs awards for the recipient’s legal expenses incurred to enforce the order.

Courts take a firm stance on deliberate non-payment. Persistent default, especially after multiple warnings, may lead to a finding of contempt and even incarceration, as the courts have emphasized that child support is the right of the child, not a favour to the other parent.

What To Do If You Are The Recipient Parent

1. Keep a clear record of all missed payments and correspondence.
2. Confirm that the order or agreement is registered with FRO, if it isn’t, you can file it for enforcement.
3. Notify FRO of the default and cooperate with their enforcement officers.
4. Consult a lawyer if the arrears are significant or the payor is attempting to evade payment.

What To Do If You Are The Payor

1. Do not stop paying on your own.
2. If your income has changed, bring a motion to change or seek a recalculation; child support can only be varied by court order or consent.
3. Keep proof of every payment made.
4. Communicate promptly with FRO and your lawyer to avoid unnecessary enforcement actions.

Our Skilled Lawyers Can Help You

At Ayaz Mehdi Professional Corporation, we represent both payors and recipients in child support enforcement matters. Whether you need to register an order with FRO, respond to a default hearing, or bring a contempt motion, our family law team provides strategic, effective representation to protect your rights and your child’s best interests.

Contact us today to discuss your options.

Disclaimer: Kindly note that sending or receiving information through this site does not establish a solicitor-client relationship. Legal matters are fact-specific, and the law is variably changing. The views expressed and the content provided on this blog are general guidelines and cannot substitute for proper legal advice. Schedule your legal consultation by clicking here: Let’s meet!