Ontario Parent's Guide to Navigating the Family Responsibility Office

Brought to you by:
An informational resource for Ontario
parent recipients of child support,
who rely on the Family Responsibility Office
for collection and enforcement.

©2015, HER Grey Bruce
www.hergreybruce.com
Informational Guide Provided by:
HER Grey Bruce
HER Grey Bruce unites voices to Heal,
Empower, and Re-educate women, girls
and our community.
http://www.hergreybruce.com
With special thanks to our sponsors:
2

The Nature of This Resource
This is an informational resource compiled by volunteers with HER Grey Bruce. Although we
make our best efforts to ensure that the information found in this guide is accurate and timely,
we cannot, and do not, guarantee that the information is either. Nor do we guarantee the
accuracy of any information contained on websites to which our guide provides links.
Do not, under any circumstances, rely on information found in this guide as legal advice. For
assistance with your specific legal problem or enquiry, please contact an Ontario lawyer or
your nearest Family Law Information Centre.
HER Grey Bruce, its sponsors and its funders do not accept any liability for your use of this
guide. Our guide is provided on an ‘as is’ and ‘as available’ basis, without any warranties or
conditions of any kind, whether express or implied. HER Grey Bruce will not under any
circumstances be liable to you or to any other person for any loss or damage arising from,
connected with, or relating to the use of our guide by you or any other person.
3

Contents
Introduction
What is the Family Responsibility
Office, or FRO?
FRO: What’s the Issue?
Get to Know the FRO
What Doesn’t the FRO Do?
Getting Started with the FRO
Your Responsibilities with the FRO
The FRO’s Responsibilities to You
Enforcement Actions
Communicating with the FRO
FRO Complaints
Frequently Asked Questions
www.hergreybruce.com 4

Introduction
Since 1987, all court orders for child support in Ontario have
been automatically filed with (and in many cases, enforced by) the
Family Responsibility Office (FRO).
The FRO also enforces private separation agreements that have
been voluntarily registered with the court and filed with FRO.
(Ontario Auditor General)

Yet in Ontario, up to 80% of support
accounts registered with FRO are delinquent
– children and their families are not receiving
support regularly, on time, or at all.
(Bruce-Grey-Owen Sound MPP Bill Walker)
6

In fact, as much as $2.1 billion
remains uncollected by FRO.
(Bruce-Grey-Owen Sound MPP Bill Walker)
7

When child support
is not paid,
children
suffer.
8

Parents who rely on
child support may have
difficulty making
ends meet.
9

Trying to ensure child
support is enforced can be
time consuming.
10

The rules around collection
and enforcement may seem
unclear or
confusing.
11

HER Grey Bruce created this guide to help Ontario families who
rely on FRO to collect, distribute and enforce their child support:
• Understand what FRO can and should do.
• Understand what FRO cannot do.
• Understand their rights as child support recipients
registered with FRO.
• Understand the responsibilities of the FRO to parents.
• Better navigate the FRO system to ensure payment of
their child support as much as possible.
‘Get to Know FRO’ Guide & Survey
12

This guide was prepared by volunteers and although the
information within was verified to the best of our abilities at
the time of writing, we make no warranties about its
completeness, accuracy or timeliness.
We have provided links to the sources of the information in
this guide wherever possible, enabling parents to verify
each point and seek more information.

The second part of our ‘Get to Know FRO’ project is a
survey that will help us better understand your experience
with the FRO.
Please take the time to complete the survey.
It is open to all Ontario parents who are registered to
receive their child support through the FRO.

This survey will help guide our own projects at HER Grey
Bruce and will also help inform our provincial
representatives about the issues and challenges parents
are experiencing with the FRO.
You can complete the survey here:
https://www.surveymonkey.com/r/SGK75NN

Who Can Use This Guide?
This informational resource was developed by HER Grey Bruce
volunteers for Ontario parents who are registered to receive child
support through the Family Responsibility Office.
Others who might find this helpful include:
• Social workers, counselors, or other community support
workers who deal with child support recipients.
• Family and friends of support recipients who wish to be
informed sources of support for their loved one.
16

How to Use This Guide
©2015, H.E.R Grey Bruce
This guide is available primarily through the HER Grey Bruce
website, at http://www.hergreybruce.com/her-fro-resource/.
However, we encourage Ontario agencies and community groups
to share this resource and have made it available to embed on
your own website.
Please visit our SlideShare page for the embed code or contact
hergreybruce@live.ca for assistance.
17

What is the Family
Responsibility Office, or FRO?
18

The Family Responsibility Office is a
provincial agency that operates under the
Ministry of Community and Social Services.
19

“FRO collects, distributes
and enforces court-
ordered child and spousal
support payments in
Ontario.”
(Ontario Ministry of Community and Social Services)
20

“FRO helps families in Ontario get the support
they are entitled to by enforcing court-ordered
support responsibilities.
We work to flow payments from the person
who pays the support (the payor) to the
person who receives it (the recipient).”
21

“If a payor does not meet their support
responsibilities, FRO has the legal authority
and responsibility to take enforcement action
to recover the money owed.”
22

FRO: What’s the Issue?
23

The FRO has been criticized for a
number of reasons related to both
support payors and recipients for well
over a decade.
24

In 2004, Ontario Ombudsman Clare
Lewis reported there were $1.3 billion in
child support arrears owed to Ontario
parents registered with the FRO.
(National Post)
25

In 2006, the Ombudsman criticized the office for a
“lackadaisical” attitude toward collections, resulting
in a “free ride for many deadbeat parents.”
(National Post)
26

In 2010, Auditor General Jim McCarter ripped
the agency for its general ineffectiveness,
saying it was taking on average two years
between enforcement actions.
At that time, 80% of people who phoned the
agency never got through.
(National Post)
27

Also in 2010, the Office of the Auditor General of
Ontario stated in their Annual Report that the
Family Responsibility Office simply “was still not
successful in achieving its mandate of collecting
unpaid child and spousal support payments.”
(2012 Annual Report of the Office of the Auditor General)
28

For the 2012-2013 reporting year, Ombudsman
André Marin referred to the FRO as the agency
“which once again topped the list as the most
complained-about Ontario agency.”
(Ombudsman André Marin)
29

Today
30

Yet…
Up to 80% of child support
accounts with FRO are
delinquent and as much as
$2.1 billion remains unpaid.
- Bill Walker, Bruce-Grey-Owen Sound MPP &
PC Critic for Community and Social Services
31

Where’s the disconnect?
32

What can you do, as a FRO-registered child
support recipient, to advocate for your family?
33

Get to Know the FRO
34

Collection
Ideally, FRO collects child and spousal support payments from
the person who pays the support (the payor) and delivers it to
the person who receives the support (the recipient).
35

Types of Orders Enforced
FRO has the legal authority to enforce:
• Support Orders
• Support Deduction Orders
• Domestic Contracts filed with the court
36

Number of Cases
According to FRO, each year they:
• Handle more than 180,000 cases
• Have about 380,000 clients
• Collect about $650 million in child support
1,200 to 1,500 new cases are added monthly.
(Ontario Ministry of Community and Social Services & FRO ‘Behind the Scenes’ video)
37

Good Parents Pay
FRO also administers the Good Parents Pay website, where the
public can help locate payors who defaulted and cannot be located.
38

The Laws Governing FRO
The FRO is mandated through:
• The Family Responsibility and Support Arrears
Enforcement Act, 1996. This gives FRO the authority to
enforce support orders and contracts filed with the court.
• The Interjurisdictional Support Orders Act, 2002. This
allows FRO to enforce when one party lives outside of
Ontario, in Canada, in the United States, or in one of the
approximately 30 countries in the agreement.
39

This means the FRO may still be able to help if your payor
resides in:
• Any Canadian province or territory
• The United States of America, including the District of Columbia, Puerto Rico,
Guam, American Samoa, the United States Virgin Islands
• Austria, Czech Republic, Germany, Gibraltar, Norway, Slovak Republic, United
Kingdom
• Australian Capital Territory, New South Wales, Northern Territory of Australia,
Queensland, South Australia, Tasmania, Victoria, western Australia
• Barbados, Fiji, Hong Kong, New Zealand (including Cook Islands), Papua and
New Guinea, Singapore, South Africa, Southern Rhodesia, or Zimbabwe.
(Courthouse Libraries British Columbia)
40

What Doesn’t the FRO Do?
41

Motions to Change
The FRO cannot assist families with
Motions to Change a support order.
42

Support Adjustments
This also means that the FRO does not
recalculate the amount of support owing
based on your payor’s annual income.
The FRO can only enforce the updated
order filed by the court.
43

Custody & Access
The FRO cannot assist families with any
issues around custody of and access to
children.
44

Other Entitlement Issues
The FRO cannot assist families with any
other types of entitlement issues.
45

Government Records
Privacy laws prevent the FRO from sharing or
receiving information from other government
agencies like the Canada Revenue Agency
that might help them find your payor.
46

Initiating Action
In theory, the FRO is responsible for
enforcing child support orders.
In practice, you will likely need to contact
and follow up with them regularly to request
enforcement action and ensure it is taken.
47

Locating Payors
The FRO does not do as much as some may
think to track down non-paying parents.
48

Legal Advice
The FRO does not offer any legal
advice to parents.
49

Correspondence
The FRO typically does not notify the
recipient parent of any actions taken
on their case unless contacted.
50

Getting Started with the FRO
51

Filing with FRO
If your child support is court ordered, you are
automatically registered with FRO by the courts.
52

If your child support is part of your separation
agreement or another mutually agreed upon
contract, you will need to file it with the court and
mail FRO copies of:
• The domestic contract
• The Affidavit for Filing
• A completed FRO registration package
53

If you need assistance filing your agreement with
the court and with FRO, you may be able to
receive advice from your nearest FLIC (Family
Law Information Centre) office.
Look up your local court office here:
http://www.attorneygeneral.jus.gov.on.ca/english/courts/Court_Addresses/
54

Registration
You will know your case is registered with FRO
when they contact you to:
• Welcome you to the FRO
• Confirm your contact information
• Explain how the program works and what
your responsibilities are
55

Your FRO PIN
Your FRO PIN is your Personal Identification
Number. You will need your PIN to access
information about your case using the automated
information line.
You should receive your PIN within a few weeks
of your registration with FRO.
56

Start Your Contact Log
All registered FRO users should
keep track of their interactions
with the FRO.
57

Start Your Contact Log
Each time you interact with FRO, it is important to
record:
• Who initiated the contact
• The reason for the contact
• The method of contact
• The agent’s name or ID number
• The confirmation number for the interaction
• Notes about the exchange
• Any next steps required
58

HER Grey Bruce has created a template you can
download and use in Excel to track your calls.
You can find it at the bottom of this page:
http://www.hergreybruce.com/her-fro-resource/
59

If you’re not comfortable with computers, you can
track this information on paper.
The important thing is that you keep a written
record of your interactions with
and requests of the FRO.
60

Your First Payment
According to the FRO, you should receive
your first support payment within 30 to 60
days of registration, as long as there are no
complications.
61

However, until a support deduction order is
in place, your case will not be registered
with the FRO.
You will not receive payments until the FRO
is able to secure payments or garnishments
from your payor.
62

Your Responsibilities
with the FRO
63

Contact Information
You are responsible for notifying the FRO
within 10 days if your phone number, mailing
address, banking information or physical
address change.
64

Change in Circumstance
You are responsible for filing any change orders with
the court if your child’s circumstances change.
For example, you may need to seek legal advice if your
child turned 18, left school, got married or got a job,
depending on your order or agreement.
65

Your PIN
You are responsible for protecting your PIN. Your
support payor has a PIN of their own and does not
need to know yours for any reason.
Contact FRO immediately if your PIN may have been
lost, stolen or forgotten.
66

Late Payments
FRO agents often have hundreds of
cases and you are ultimately
responsible for notifying them if you
are not receiving payments.
67

If you have not received a payment in 30 days, contact
FRO to report the missing payment(s).
However, be aware that they will not begin enforcement
until the payor is the equivalent of three months behind.
68

Direct Payments from Payor
When you are registered with the FRO, ALL
PAYMENTS must go through their office.
You are responsible for reporting any payments you
receive directly from your payor to the FRO
immediately.
69

Reporting Your Payor
Unfortunately, one of the greatest
misconceptions about the FRO is that they
will pursue your payor for you if payments
are not being made.
70

Your payor is responsible for keeping their
contact and employment information up to
date with the FRO within 10 days of a change.
71

If they do not, YOU are responsible for
reporting your payor’s address, phone number,
employer or income source, business or property
transactions, etc. to the FRO.
72

Responding to the FRO
You are responsible for returning FRO phone
calls and responding to their letters or requests
as soon as possible.
73

Changing Your Support
You are responsible for going to court if you want
to change any of the terms of your support order,
including increasing or decreasing the amount of
support, ending support, etc.
74

Filing for Interest
You are responsible for filing a Statement of
Arrears if your court order or agreement provides
for interest on late payments. The FRO does not
automatically collect interest.
75

Death & Bankruptcy
You are responsible for notifying the FRO
immediately if you become aware of the death of
your payor, or if you learn that your payor has
claimed bankruptcy.
76

The FRO’s Responsibilities
to You
77

FRO’s Mandate
The FRO is responsible for helping families in
Ontario get the support they are entitled to by
enforcing court-ordered support payments.
78

Your Case Contact
The FRO is responsible for assigning you a case
contact, who is responsible for making all
decisions on your file.*
(*Unless you escalate an issue to their supervisor.)
79

Timely Payments
In normal circumstances, the FRO is responsible
for depositing your support payment into your
bank account within 48 hours.
80

Enforcement
The FRO has a
“legal authority and responsibility
to take enforcement action to recover
the money” owing by payors.
81

Enforcement Actions
82

When Parents Don’t Pay
Payors are responsible for contacting the FRO if
they are unable to pay their support or are
falling behind.
The FRO cannot reduce the amount of support
owing. However, the payor is responsible for
working out a repayment plan.
83

There are a number of actions the FRO
can take to enforce child support orders:
84

Enforcement Actions
• Garnishing bank accounts
• Garnishing money the payor may be entitled to receive
from the Government of Canada (for example, income tax
refunds, employment insurance benefits, Canada Pension
Plan benefits, and Old Age Security benefits)
• Reporting the payor to the credit bureau
• Suspending the payor’s driver’s licence
• Placing a lien on personal property
85

• Suspending the payor’s Canadian passport or other
federal licences (including a pilot's licence, as well as
maritime and navigational licences and certificates)
• Issuing a writ of seizure and sale for property owned by
the payor
• Reporting the payor to their professional organization(s)
• Seizing the payor’s lottery winnings
• Starting a Default Hearing, which can result in jail time
86

When the FRO Will Enforce
Unfortunately, it does not appear that the
FRO has published a standard as to when
they will begin enforcement action and what
that process looks like.
87

However, our members have been told by
case workers:
• Enforcement action begins when the payor is three
months worth of payments behind.
• Depending on the action, there are various wait times
for the payor to respond or make payment.
• Enforcement action stops when a payment is made.
• Enforcement action then starts over.
88

Some issues you may experience around
enforcement:
• The payor makes a payment and enforcement action is
cancelled, but payments then cease.
• The FRO may not begin or continue enforcement actions
unless prompted by the support recipient.
• The FRO cannot enforce a deduction order or garnish
wages if the payor is unemployed, working ‘under the
table,’ or cannot be located.
89

How can support recipients advocate for
enforcement in their child support case
with the FRO?
90

Keep a detailed communication log.
91

Each time your
FRO caseworker
is to take action,
ask for the date
they expect that
task will be
completed.
92

Phone the automated information line to confirm
enforcement action was taken.
93

Phone your caseworker if the automated
information line does not confirm that
enforcement action was taken.
94

Payor Penalties
The FRO can apply fees to a payor’s account for
the following:
• $25 statement of account
• $100 for record adjustment
• $400 for each enforcement action taken
• $50 refiling fee to offset cost of reopening a file
The FRO will collect these fees only after all support
is caught up.
95

Communicating with the FRO
96

The FRO Website
The FRO does not have its own website. There is a section for it on the
Ontario Ministry of Community and Social Services website.
97

Access it here:
http://www.mcss.gov.on.ca/en/mcss/programs/familyResponsibility/
98

Automated Information Line
Toll-free: 1-800-267-7263
Toronto: 416-326-1818
TTY: 1-866-545-0083
99

The FRO Automated Information telephone line can
provide:
• Payment and financial information about your case
• Enforcement and actions taken
• Support order information
• FRO’s programs and laws
100

You will need your Case Number and PIN
to access your information each time you
use the Automated Information line.
101

Reach Your Case Contact
Between 8 a.m. and 5 p.m. Monday to Friday:
Toll-free: 1-800-267-4330
Toronto: 416-326-1817
102

All Other Contacts
See contact information for:
• Mailing correspondence
• Faxing information
• Freedom of Information requests
• Interjurisdictional Support Orders
• All other issues
http://www.mcss.gov.on.ca/en/mcss/programs/famil
yResponsibility/Contact/payor_recipient.aspx
103

Remember to record your requests and
interactions with the FRO – and next steps
– in your communication records.
104

FRO Complaints
105

If you have a complaint about the way your
FRO case is being managed, how you are
being treated, or any other concern, you
can increase the chance it will be resolved
successfully by following this process.
106

Communicate to your caseworker:
a) What the issue is;
b) And how you expect it could
be resolved.
107

Ask your caseworker about their
plan of action, including:
a) What steps they will take to solve
the problem;
b) When it will be resolved;
c) And how you will be notified of the
solution.
108

If the issue is not resolved or the
caseworker refuses to take action,
ask for a Family Responsibility
Office supervisor.
109

Using your communication log, explain to
the supervisor what you have done to try
to resolve the problem.
110

Ask the FRO supervisor about
their plan of action, including:
the problem;
solution.
111

If the issue is not resolved or the
supervisor refuses to take action,
you can escalate your complaint to
your local Member of Provincial
Parliament.
112

Search for your local Member of
Provincial Parliament on this page from
the Legislative Assembly of Ontario:
http://www.ontla.on.ca/web/members/members_curre
nt.do?locale=en
113

Your local MPP is your elected member of
government at the provincial level.
“Ontario’s 107 MPPs are elected to represent
the concerns of their constituents regarding
provincial responsibilities at the Legislature
and in their ridings.”
(Legislative Assembly of Ontario)
114

You will also need your communication log at this
stage, to inform your MPP of all interactions with
the FRO in regards to the complaint.
115

Your MPP (or his or her staff) may also
request that you fill out a form they
provide, detailing the issue you are
experiencing and what steps you have
taken to resolve it.
116

Ask your MPP about their plan of
action, including:
the problem;
solution.
117

If all other avenues of recourse are
exhausted, you can file a complaint
with the Ombudsman of Ontario,
who investigates complaints against
provincial government organizations
in Ontario.
118

Read more and file a complaint here:
http://www.ombudsman.on.ca/Make-A-Complaint.aspx
119

Frequently Asked
Questions
120

Can FRO enforce a support order when
one party lives outside of Ontario?
121

Yes. The Interjurisdictional Support Orders Act
of 2002 allows FRO to enforce child and
spousal support payments when one party
lives outside of Ontario.
122

When should I contact the FRO to report
a late or missing payment?
123

30 days. If you have not received a payment
in 30 days, contact your caseworker
immediately.
124

My payor offered to give me a payment
in cash this month. Can I accept it?
125

No. The FRO does not allow for direct
payments between payors and recipients. You
must report any direct payments to the FRO
immediately and a fee of $100 will be applied
to your payor’s account.
126

Can the FRO adjust the amount of child
support owing when my payor’s income
increases or decreases?
127

No. For more information on family law in
Ontario and the resources available to you,
visit the Ministry of the Attorney General’s
website:
http://www.attorneygeneral.jus.gov.on.ca/english/justice-
ont/family_law.asp?fullSite
128

Can the FRO enforce a support order
when the payor has claimed bankruptcy?
129

Yes. Parents are responsible for paying their
court ordered support, even during and after
bankruptcy. FRO will enforce the ongoing
support that accrues after bankruptcy.
130

When might FRO place a payor on the
Good Parents Pay website?
131

The individuals on the Good Parents Pay
website have not paid their child support in at
least six months and cannot be found.
132

Can I withdraw from FRO?
133

Yes. However, it is important to seek legal
advice and be aware that you will be
responsible for enforcing the order in court if
your payor defaults in future. Learn more
about withdrawal from FRO here.
134

Where can I find the forms I may need to
submit to the FRO from time to time?
135

On the FRO website. The most
common forms are available at the link
below. If you cannot find the form you
need, call your case contact.
http://www.mcss.gov.on.ca/en/mcss/for
ms/FRO_forms_index.aspx#common
136

Thank You!
Thank you for taking the time to review this ‘Get
to Know FRO’ guide. We hope you’ve found it
helpful and that you will share it with other
recipient parents who may find it useful, as well.
Please visit us at
http://www.hergreybruce.com/her-fro-resource/ for
the complete resource.
137

Take the Survey
Please share your anonymous feedback about
your experiences with the Family Responsibility
Office with HER Grey Bruce.
Learn more and complete the survey at
http://www.hergreybruce.com/fro-survey/
138

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