Child Support Arrears in Ontario: How They Are Enforced, Retroactive Support, and When Arrears Can Be Reduced
Child support belongs to the child. Ontario has powerful tools to collect unpaid support, and the Supreme Court of Canada has made clear that cancelling arrears is the exception, not the rule.
Key takeaways
- Arrears are unpaid amounts of support already owing under a court order or registered agreement.
- Ontario's Family Responsibility Office (FRO) can garnish bank accounts, register liens, suspend driver's licences, report to credit bureaus and ask the federal government to suspend passports.
- Retroactive support can be claimed for periods before an application was filed (D.B.S. v. S.R.G., 2006 SCC 37), and even after a child is no longer dependent (Michel v. Graydon, 2020 SCC 24).
- A payor who wants arrears reduced must prove a real inability to pay. In Colucci v. Colucci, 2021 SCC 24, the Supreme Court refused to cut roughly $170,000 in arrears.
- Act early. Payment plans, variation applications and disclosure are far easier before enforcement escalates.
Unpaid child support is one of the most common reasons parents return to family court. Whether you are the parent who is owed support or the parent who has fallen behind, the rules are stricter than most people expect, and the consequences of doing nothing grow every month.
What are child support arrears?
Arrears are payments that were due under a court order or a support agreement filed with the court, but were not paid. They are a debt. They do not disappear when the child turns 18, when the payor changes jobs or moves provinces, or when the parents stop speaking.
How the Family Responsibility Office enforces arrears
Most Ontario support orders are filed with the Family Responsibility Office (FRO), which collects support from the payor and pays it to the recipient. When payments stop, the FRO can use enforcement tools under the Family Responsibility and Support Arrears Enforcement Act, 1996, including:
- support deduction notices to employers and other income sources;
- garnishment of bank accounts (limits apply to joint accounts);
- liens registered against property;
- suspension of the payor's Ontario driver's licence, after notice and a deadline to pay or agree to a payment plan;
- reporting the payor to credit bureaus, where the record can remain for six years;
- asking the federal government to suspend federal licences, including the passport, and to intercept federal payments such as tax refunds; and
- court proceedings, including default hearings where the payor must explain the non-payment and can face jail for wilful default.
Retroactive child support: claiming support that was never ordered
Arrears are different from retroactive support. Retroactive support is support that should have been paid for a past period, for example because the payor's income rose and they never increased payments, or because no order was ever made.
The leading cases are:
The Supreme Court established that courts can order retroactive child support and set out the factors: the reason for any delay in seeking support, the payor's conduct, the circumstances of the child, and any hardship a retroactive award would cause.
Michel v. Graydon, 2020 SCC 24
The Court held that a parent can seek retroactive child support even after the child is no longer a dependant, and criticized rules that reward payors who underpay and wait out the clock. Underpayment by a payor who failed to disclose income increases is treated seriously.
Can arrears be reduced or cancelled?
Sometimes, but the bar is high. A payor must bring a motion to change the order and prove a material change in circumstances, ideally as soon as the change happens.
Colucci v. Colucci, 2021 SCC 24
A father who had paid almost nothing for years asked the court to cut about $170,000 in arrears, arguing his income had fallen. The Supreme Court unanimously refused. It held that payment and enforcement of child support debt is the rule, that rescinding arrears is a last resort for a payor who truly cannot pay now or in the future, and that the payor must show a clear change in circumstances and give effective notice that they are seeking a change. His failure to make voluntary payments for nearly two decades weighed heavily against him.
The practical lesson: if your income genuinely drops through no fault of your own, move quickly. Tell the other parent in writing, provide your financial disclosure, and bring a motion to change. Delay is the single biggest reason payors lose these applications.
If you are owed support
- Make sure your order or agreement is filed with the FRO.
- Keep a simple ledger of every payment received and missed.
- Consider whether the payor's income has increased. If it has, you may also have a claim for retroactive support, not only arrears.
- Ask for annual income disclosure if your order requires it.
If you are behind on payments
- Do not ignore FRO letters. Deadlines in driver's licence and passport notices are real.
- Pay what you can, consistently. Voluntary payments matter to the court.
- Propose a payment plan in writing.
- If your income has fallen, get legal advice and start a motion to change now, not after enforcement begins.
Frequently asked questions
Does child support stop at 18 in Ontario?
Not automatically. Support can continue while an adult child is in full-time post-secondary education or cannot become independent because of illness or disability. Existing arrears remain owing regardless of the child's age.
Can I get my driver's licence back if it was suspended for support arrears?
Usually yes, by paying the arrears in full or entering a payment arrangement acceptable to the FRO, and paying the reinstatement fee. Breaking the arrangement can lead to another suspension.
Can arrears be forgiven if the other parent agrees?
The parents can agree, but child support is the right of the child, so the agreement should be reviewed and approved properly. If the FRO is enforcing, the change must be formalized.
How far back can retroactive child support go?
Generally to the date the recipient gave effective notice, and in many cases up to three years before formal notice. Where the payor hid income or behaved blameworthily, a court can go further back.
Sources
- Government of Ontario, Enforcing child and spousal support payments
- D.B.S. v. S.R.G., 2006 SCC 37
- Michel v. Graydon, 2020 SCC 24
- Colucci v. Colucci, 2021 SCC 24
- Supreme Court of Canada, Case in Brief: Colucci v. Colucci
- Federal Child Support Guidelines, SOR/97-175
This article provides general information about Ontario and Canadian law as of the date above. It is not legal advice and does not create a lawyer-client relationship. Laws and court decisions change; speak with a lawyer about your specific circumstances.