When parents separate or divorce, a child support order may be put in place to ensure that the financial needs of the children are met. However, in family law cases, one parent may fail to comply with the child support order. If this happens, the other parent may need to take steps to enforce the order. In Toronto, there are several options for enforcing a child support order.
Here are some important things to know about enforcing a child support order in Toronto:
The Importance of Child Support
Child support is an important responsibility for both parents after separation or divorce. It is intended to ensure that children’s financial needs are met, and failure to pay child support can have serious consequences for children’s well-being. It is important for both parents to take their responsibilities seriously and comply with the terms of the child support order.
Types of Child Support Orders
In Toronto, there are two types of child support orders: a support agreement and a court order. A support agreement is a written agreement between the parents that sets out the terms of child support. A court order is a legal document issued by a judge that sets out the terms of child support. Both types of orders can be enforced if one parent is not complying with the terms of the order.
Steps to Enforce a Child Support Order
If one parent is not complying with a child support order, the other parent may take steps to enforce the order. This can include contacting the Family Responsibility Office (FRO) or seeking enforcement through the court. The FRO is a government agency that can enforce child support orders in Ontario, while seeking enforcement through the court involves filing a motion with the court and attending a hearing.
Contacting the Family Responsibility Office
The FRO can enforce child support orders in a variety of ways, such as garnishing wages, seizing bank accounts, and intercepting tax refunds. To contact the FRO, the parent who is owed child support can fill out an application and provide documentation to prove that child support is owed. The FRO will then take steps to enforce the order and collect the arrears.
Seeking Enforcement Through the Court
If the FRO is unable to enforce the child support order, the other parent may need to seek enforcement through the court. This can involve filing a motion with the court and attending a hearing. At the hearing, the judge can order the non-compliant parent to pay the arrears, and may also order a variety of enforcement measures such as a wage garnishment or a lien on property.
Consequences of Non-Compliance
Failure to comply with a child support order can have serious consequences for the non-compliant parent. The FRO can take a variety of enforcement measures, such as garnishing wages, seizing bank accounts, and intercepting tax refunds. Seeking enforcement through the Ontario court of justice can result in a judge ordering the non-compliant parent to pay the arrears, and may also result in enforcement measures such as a wage garnishment or a lien on property. In extreme cases, failure to comply with a child support order can even result in imprisonment.
In conclusion, child support is an important responsibility for both parents after separation or divorce which should be paid as per the Federal Child Support Guidelines. If one parent is not complying with a child support order, the other parent can take steps to enforce the order, such as contacting the FRO or seeking enforcement through the court. It is important to understand the options for enforcing a child support order in Toronto and to take action if necessary to ensure that children’s financial needs are met.
