What would happen if you did not pay Child Support in Ontario?
Parents are obligated to provide support for their child/children, often with financial support. A parent who is obligated to pay child support but failed to do so will face consequences depending on the circumstances. By law, you must comply with the support order from the court or with the written agreement. The amount of support set out in the order or agreement is the amount that you need to pay.
Consequences of not paying Child Support
Since you are required by law to adhere to a child support order, in Ontario, the Family Responsibility Office (FRO) is a government agency that collects support directly from the payor, keeps a record of the amounts paid, and then pays that amount to the payee.
Some of the consequences are as follows:
- Garnishment of wages
- Garnishment of income tax refunds, employment insurance payments, work compensation, or old age security benefit
- Suspension of driver’s license or passport
- Seizure of bank accounts and/or assets
- Reporting arrears to the credit bureaus
In Ontario, you may be brought back to court and found in contempt that could result in imprisonment if the FRO cannot enforce payments using any of the mechanisms from above. In addition, you may be imprisoned if the court finds out that you have not been paying support as you were asked to without a valid reason.
Enforcing Support Across Provinces & Countries
Canada has reciprocal agreements with all other Canadian Provinces and Territories, every state in the United States, and over 30 other countries. Support orders from those provinces, states, or countries can be registered in Ontario under the Interjurisdictional Support Orders Act and filed with FRO. If the Order was made in Ontario but the payor does not live in Ontario, FRO can continue to enforce payment.
Our Filipino lawyer may help you understand how likely you are to pay or receive child support, as well as estimate the amount and length, or help you reach an agreement with the other spouse regarding child support. Talk to our Filipino Lawyer in Toronto and get in touch with our Angeles & de Jesus Law LLP or AJ LAW LLP team at 160 Eglinton Avenue East, Suite 406, Toronto, ON or via phone at +1 (416) 409-5991 or email us at info@ajlawpartners.ca for your FREE INITIAL CONSULTATION. You can also visit our website https://www.ajlawpartners.ca/ for more information about the services we offer.
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Hi, I live and reside out of the country (currently in the U.S. but legal residence is in Mexico. I have a child in Toronto, ON. I am currently paying child support, however, I am not currently working and soon will not be able to make a payment unless my financial circumstances change. I want to know if I live outside Ontario and Canada, what happens if I am unable to pay be it a minimum amount or anything? Or if sign an agreement to offer to pay more to meet the minimum wage amount and fall into arrears, can I be fined, lose access to my son, or possibly even imprisoned?
Any assistance or answers in this would be greatly appreciated.
Thanks,
Mark