Legal-Disclaimer

Monday - Friday: 9:00 am - 6:00 pm
Saturday, Sunday and Late Evening
Appointment Available
BY APPOINTMENT ONLY

(905) 503-1486

(647) 772-8187

toll-free 1(844) 642-7464

Quick Contact

Spousal Support

Law Offices of Nizam Hashmi > Spousal Support

**Spousal Support

Once I have an order for spousal support, how can I make sure my former spouse will pay it?

Spousal support orders from Ontario courts are sent to the Family Responsibility Office (FRO) for enforcment.  Information on the FRO’s enforcement of support orders can be found at:

http://www.mcss.gov.on.ca/en/mcss/programs/familyResponsibility/owedSupport/index.aspx.
 

If support payments are not being made according to the terms of a court order or separation agreement that has been filed with the court, the FRO or the support recipient can take steps to collect the money that is owed. This may include getting payments directly from the support payor’s employer, bank garnishments or filing writs against property that the support payor owns.  The FRO can also ask the court to suspend a payor’s driver’s licence if payments are not being made.

 

Can I make my spousal support payments directly to the support recipient?

Support payments can be made directly to the recipient if he or she agrees not to have them made through the Family Responsibility Office (FRO). If a support order has been made, both parties must complete and sign a Notice of Withdrawal and send it to the FRO.  The Notice of Withdrawal is available online at www.forms.ssb.gov.on.ca.

 

Payments must be made through FRO unless the parties have sent a completed Notice of Withdrawal to FRO.

 

My ex is not paying spousal support that is required by our separation agreement, what should I do?

To have support payments in a separation agreement enforced, you can file your agreement with the Ontario Court of Justice or Family Court branch of the Superior Court of Justice.  After the agreement has been filed with the court, you can forward the agreement with the registration materials to the Family Responsibility Office for the payments to be enforced. More information about this process can be found at:

 

http://www.mcss.gov.on.ca/en/mcss/programs/familyResponsibility/owedSupport/index.aspx

 

How can I get my spousal support payments changed?

You will need a new order to change the amount of the payment that is being made pursuant to a court order or separation agreement that has been filed with the court.

 

If you and your ex agree on the revised amount, you can bring a motion to change on consent by filing a Change Information Form (Form 15A) and a Consent Motion to Change (Form 15C).  If you can’t agree about what the payment should be, you can bring a Form 15: Motion to Change to request a change in the support payment.  You will also have to file a Change Information Form (Form 15A). Click here to see the forms.

 

To have the spousal support changed, you will need to show the court that there has been a significant change in circumstances that affects the amount of the payment that is being made.

 

If the Family Responsibility Office is enforcing the support order, they will continue to collect the current payment until the order has been changed.

 

I have a spousal support order from another province/territory, is it valid in Ontario?

Orders that were made by a court in another province or territory under the Divorce Act (link to Justice law website) are automatically recognized in Ontario.  To have these orders enforced in Ontario, they must be registered with the Family Responsibility Office.

 

Orders that have been made in another province or territory in Canada under provincial or territorial legislation must be registered in an Ontario Court before the order can be enforced.  This process is governed by the Interjurisdictional Support Orders Act.

 

You can find more information on this process at:
<ahref=”http://www.mcss.gov.on.ca/en/mcss/programs/familyResponsibility/General/livingOutOfOntario.aspx”>http://www.mcss.gov.on.ca/en/mcss/programs/familyResponsibility/General/livingOutOfOntario.aspx.

 

I have a spousal support order from another country, is it valid in Ontario?

If the country where the spousal support order was made has entered into a formal arrangement with Ontario to enforce each other’s support orders, they are known as a “reciprocating jurisdiction”.  An order from a reciprocating jurisdiction can be enforced in Ontario, but first it must be registered in an Ontario court.

 

You can find more information on this process at:

<ahref=”http://www.mcss.gov.on.ca/en/mcss/programs/familyResponsibility/General/livingOutOfOntario.aspx”>http://www.mcss.gov.on.ca/en/mcss/programs/familyResponsibility/General/livingOutOfOntario.aspx.

 

Can I change a spousal support order from another province, territory or country?

If a province, territory or country has entered into a formal arrangement with Ontario to enforce each other’s support orders, they are known as a ”reciprocating jurisdiction”.  An order from a reciprocating jurisdiction can be changed under the Interjurisdictional Support Orders Act.

 

For more information about changing a support order from a reciprocating jurisdiction see:
<ahref=”http://www.mcss.gov.on.ca/en/mcss/programs/familyResponsibility/General/livingOutOfOntario.aspx”>http://www.mcss.gov.on.ca/en/mcss/programs/familyResponsibility/General/livingOutOfOntario.aspx

 

**source: ministry of attorney-general’s website

Translate »