Enforcement Options of Ontario's Family Responsibility Office
The Family Responsibility Office (FRO), a provincial agency in Ontario, plays a crucial role in enforcing child and spousal support orders. Their primary objective is to ensure that support recipients receive the payments they are entitled to, thus assisting in the financial stability of families after separation or divorce.
Despite the necessity of these payments, there may be instances where support payors default on their obligations. To address this, the FRO employs a range of enforcement methods to ensure support payors fulfil their responsibilities. In this article, we will delve into the variety of enforcement options utilized by the Director of the FRO.
Garnishment
One of the more common enforcement methods is garnishment. This involves the FRO seizing wages, pensions, bank accounts, rents, and moneys owed by the federal government to the payor. Essentially, the FRO can directly access the payor's funds to ensure the necessary support is provided to the recipient. In addition, the Director has the authority to garnish up to 50% of the money in joint accounts under specific circumstances.
Information Disclosure
In order to accurately determine a payor's financial standing and ability to pay, the Director can request the production of a financial statement from a payor who is in default of a support order. This can include comprehensive information such as the support payor’s employer, place of employment, wages, salary, other income, assets, liabilities, address, or location.
Writ of Seizure and Sale
In instances where the payor has significant assets, a writ of seizure and sale may be utilized. This method permits the FRO to seize and sell property owned by the payor to cover the arrears. Once issued by the court, the Director can file this writ in any jurisdiction where the payor may have assets, expanding the reach of enforcement.
Charge against Land
Property is often one of the most substantial assets an individual can own. Recognizing this, the FRO can register a support order as a charge against land owned by the support payor. Consequently, the support obligation becomes a charge against the property, enforceable by the sale of the property, similar to a mortgage.
Personal Property Security Act Registration
The Director has another method of leveraging the payor's assets through the Personal Property Security Act (PPSA). The Director can register arrears under any support order with the registrar under the PPSA, claiming a lien and charge. This lien has priority over any subsequent perfected security interest or subsequently registered encumbrance, ensuring the support payments take precedence.
Lottery Winnings
Sometimes, the payor may come into a large sum of money unexpectedly, such as through lottery winnings. In such cases, the Director can collect arrears from a single monetary prize of at least $1,000 or non-monetary prize of the same value payable by a lottery scheme in Ontario.
Default Hearing
Should a support payor fall into default on the support order, the Director may invoke a default hearing. At this hearing, the support payor is presumed to have the ability to pay. The court may make orders requiring the payor to pay all or part of the arrears, discharge the arrears, provide security, or even be imprisoned in extreme cases.
Restraining Order
In order to prevent the disposal or wasting of an asset, a court may make a restraining order. This ensures that assets are not illicitly diminished to avoid payment obligations.
Arrest of Absconding Debtor
In extreme cases where the support payor is about to leave the province and there are reasonable grounds to believe that the payor intends to evade their obligations, a court may issue a warrant for the payor’s arrest.
Credit Bureau Report
Non-compliance with a support order is a serious matter, and the FRO can report a default of a support order to a credit bureau, potentially impacting the payor's credit rating.
Suspension of Driver’s Licence and Passport
Lastly, the Director has the power to suspend a support payor’s driver’s licence on 30 days’ notice. They may also apply under federal enforcement legislation for federal licenses, including a Canadian passport, to be suspended.
The Family Responsibility Office has a comprehensive range of enforcement options at its disposal to ensure support orders are upheld. It's crucial for both payors and recipients to understand these methods to ensure compliance and protect their rights. Should you find yourself navigating these complex processes, consider seeking the advice of a legal professional to guide you.
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