Vaughan Family Lawyer

How Is Spousal Support Collected in Ontario?

This is general information and should not be interpreted as legal advice. Contact a family law lawyer to understand your rights and obligations.

When a relationship ends, especially a marriage or common-law partnership, financial stability becomes a critical concern. One of the key issues separating spouses must address is spousal support, a legal obligation for one spouse to provide financial assistance to the other. 

What Is Spousal Support?

Spousal support (also known as alimony) is money paid by one spouse to the other after a separation or divorce. It is designed to:

• Help the lower-earning spouse become financially independent;

• Compensate for any economic disadvantages one spouse faced during the relationship;

• Share the financial consequences of the breakdown fairly.

  
  

Support can be determined by a court order or through a separation agreement.

Once Support Is Ordered – How Is It Collected?

In Ontario, spousal support is commonly collected through a government agency called the Family Responsibility Office (FRO). This office ensures that court-ordered support payments are made on time and in full.

What Is the Family Responsibility Office (FRO)?

The FRO is part of the Ontario Ministry of Community and Social Services. Its role is to enforce spousal (and child) support orders. If payments are missed or late, FRO has legal tools to enforce the order, such as garnishing wages, suspending driver’s licenses, or seizing passports.

How Does It Work?

Once there is a valid support order or domestic contract filed with the court, here’s how FRO collects payments:

1. The Support Order Is Filed With FRO: After a court issues a support order, it is automatically filed with the FRO. If it’s a private separation agreement, it must be filed with the court before it can be enforced by the FRO.

2. The Payer Makes Payments to FRO: The person who owes support (the “payor”) sends payments directly to the FRO, not to the recipient spouse.

3. FRO Sends Payments to the Recipient: Once received, FRO processes the funds and transfers them to the person entitled to receive support (the “recipient”).

   
   

Can Payments Be Deducted Automatically?

Yes. In most cases, FRO will set up a garnishment directly from the payor’s employer through a Support Deduction Order. The employer deducts support payments from the payor’s wages and sends them to FRO. This ensures timely and consistent payments.

What If the Payor Doesn’t Pay?

FRO has strong enforcement powers. If payments are missed, FRO can take steps such as:

• Garnishing wages, bank accounts, or government benefits;

• Suspending driver's licenses or passports;

• Reporting the debt to credit bureaus;

• Seizing tax refunds or lottery winnings;

• Starting a court motion for a default hearing.

  
  

These enforcement tools are meant to ensure support obligations are taken seriously and fulfilled.        

Can Spousal Support Be Paid Privately (Without FRO)?

Yes, but with caution. Some couples choose to handle support privately, especially if they have an amicable relationship and trust that payments will be made. In this case, the FRO can be opted out of, but both parties must agree in writing. If payments later become an issue, the recipient can always re-register with FRO for enforcement.

Seeking Legal Support

Spousal support is a critical part of post-separation financial fairness. Whether you are entitled to receive it or obligated to pay it, understanding how it is collected. At Majoka Law, we help clients navigate all aspects of spousal support: from negotiating fair terms to ensuring payments are enforced through the proper legal channels. If you have questions about your rights or obligations, contact our office for a confidential consultation.