Enforcement of Orders in Ontario Family Law
When a court issues an order in a family law matter (whether for child support, spousal support, or property division) it is legally binding. However, ensuring compliance can sometimes be challenging. At Stephen Durbin and Associates, we understand the frustration of dealing with a party who fails to follow court orders. Our experienced team is here to help you enforce these orders, ensuring fairness and protecting your rights. Whether through the Family Responsibility Office or court action, we provide clear guidance to secure the outcomes you deserve.
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Find a Lawyer to Help with Enforcement of Family Law Orders
If you’re facing issues with a family law order not being followed, such as missed support payments or non-compliance with property division, an experienced family lawyer can make a significant difference. At Stephen Durbin and Associates, we assist clients in navigating Ontario’s enforcement mechanisms, including working with the Family Responsibility Office and pursuing court remedies. We help you understand your options, gather necessary evidence, and take decisive action to enforce court orders. Our goal is to resolve issues efficiently, minimizing stress and ensuring your family’s financial and emotional well-being. Reach out to us to discuss how we can protect your interests.
What is the Family Responsibility Office?
The Family Responsibility Office (“FRO”) is an Ontario government agency responsible for enforcing child and spousal support orders and agreements. The FRO plays a critical role in ensuring that support payments are made on time and in full, helping families receive the financial support they are entitled to. When a support order or agreement is registered with the FRO, the agency monitors compliance, collects payments from the payor, and distributes them to the recipient.
If payments are missed, the FRO has the authority to take enforcement actions, such as:
- Garnishing wages or bank accounts
- Seizing assets or tax refunds
- Suspending the payor’s driver’s license or passport
- Reporting non-compliance to credit bureaus
Registering your support order with the FRO is a straightforward process, but it’s essential to ensure all documentation is accurate. Our team at Stephen Durbin and Associates can assist with registration, monitor compliance, and address any issues if payments are not made.
Enforcement Through the Courts
While the FRO handles most support order enforcement, other family law orders (such as those related to property division and parenting) may require court intervention if not followed. Courts in Ontario have broad powers to enforce orders, including issuing fines, ordering payment of legal costs, or, in extreme cases, holding non-compliant parties in contempt of court, which can lead to penalties like imprisonment. Our lawyers can file motions to request court enforcement, present evidence of non-compliance, and advocate for remedies that uphold your rights. We work diligently to ensure that court orders are respected, protecting your interests and those of your children.
Key Ontario Court Cases on Enforcement of Orders
Ontario courts and the Supreme Court of Canada have emphasized the importance of enforcing family law orders to ensure fairness and accountability. The following cases highlight the consequences of non-compliance, and the tools courts use to enforce orders:
- Colucci v. Colucci (2021 SCC 24): The Supreme Court of Canada addressed retroactive adjustments to child support arrears. The Court ruled that a payor seeking to reduce arrears must provide clear evidence of a material change in circumstances, reinforcing the role of the FRO in enforcing support obligations. This case underscores that support obligations are treated with the same seriousness as other legal debts, ensuring recipients receive what they are owed (2021 SCC 24).
- Ontario (Director, Family Responsibility Office) v. O’Neill (2018 ONCJ 343): In this case, the court addressed significant arrears in child and spousal support. The FRO’s enforcement actions led to a court order requiring periodic payments to reduce arrears, with the threat of imprisonment for non-compliance, demonstrating the FRO’s power to hold payors accountable (2018 ONCJ 343).
- Rubio v. Leigh (2024 ONSC 6215): This Ontario Superior Court case clarified that courts can impute income for support calculations when a payor is intentionally under-employed, even without bad faith. This ensures fair enforcement of support orders when payors attempt to evade obligations (2024 ONSC 6215).
- Taimish v. Al-Kadhimi (2023 ONCA 13): The Ontario Court of Appeal highlighted the proper process for enforcing foreign support orders under the Interjurisdictional Support Orders Act, 2002. This case emphasizes the importance of following correct legal procedures for cross-jurisdictional enforcement (2023 ONCA 13).
These cases demonstrate the courts’ commitment to upholding family law orders and the critical role of the FRO in enforcing support obligations. At Stephen Durbin and Associates, we draw on this legal framework to ensure your orders are enforced effectively.
How Can Stephen Durbin and Associates Help You?
At Stephen Durbin and Associates, we simplify the enforcement process by guiding you through registering orders with the FRO, monitoring compliance, and pursuing court action when necessary. We work with experts, such as accountants, to verify financial information and investigate non-compliance. If the other party is not following a court order, we can file motions, request enforcement orders, and advocate for penalties to ensure compliance. Our Burlington-based team is dedicated to resolving enforcement issues quickly and fairly, keeping your family’s needs first. Contact us to learn how we can help enforce your family law orders.
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Frequently Asked Questions
If your ex misses support payments, the FRO can take actions like garnishing wages, seizing assets, or suspending licenses. Our team can help you register your order with the FRO and ensure enforcement.
Yes, courts can enforce non-support orders through remedies like fines, contempt of court, or ordering compliance. We can file motions to request court enforcement and protect your rights.
Registering a support order with the FRO involves submitting the court order or agreement to the agency. Our lawyers can assist with the process to ensure accuracy and monitor compliance.
If you suspect your ex is hiding income, we can work with financial experts to investigate and present evidence to the court or FRO. Courts may impute income to ensure fair support payments.
1-855-694-5222