Get to Know FRO' Informational Guide for Ontario Child Support Recipients - developed by HER Grey Bruce

Get to Know FRO

Brought to you by:

An informational resource for Ontario parent recipients of child support,

who rely on the Family Responsibility Office for collection and enforcement.

©2015, HER Grey Bruce

www.hergreybruce.com

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Informational Guide Provided by:



HER Grey Bruce

HER Grey Bruce unites voices to Heal, Empower, and Re-educate women, girls and our community.

http://www.hergreybruce.com

With special thanks to our sponsors:

http://hergreybruce.com/



The Nature of This ResourceThis is an informational resource compiled by volunteers with HER Grey Bruce. Although we make our best efforts to ensure that the information found in this guide is accurate and timely, we cannot, and do not, guarantee that the information is either. Nor do we guarantee the accuracy of any information contained on websites to which our guide provides links.

Do not, under any circumstances, rely on information found in this guide as legal advice. For assistance with your specific legal problem or enquiry, please contact an Ontario lawyer or your nearest Family Law Information Centre.

HER Grey Bruce, its sponsors and its funders do not accept any liability for your use of this guide. Our guide is provided on an ‘as is’ and ‘as available’ basis, without any warranties or conditions of any kind, whether express or implied. HER Grey Bruce will not under any circumstances be liable to you or to any other person for any loss or damage arising from, connected with, or relating to the use of our guide by you or any other person.

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ContentsIntroduction

What is the Family Responsibility Office, or FRO?

FRO: What’s the Issue?

Get to Know the FRO

What Doesn’t the FRO Do?

Getting Started with the FRO

Your Responsibilities with the FRO

The FRO’s Responsibilities to You

Enforcement Actions

Communicating with the FRO

FRO Complaints

Frequently Asked Questions





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IntroductionSince 1987, all court orders for child support in Ontario have been automatically filed with (and in many cases, enforced by) the Family Responsibility Office (FRO).

The FRO also enforces private separation agreements that have been voluntarily registered with the court and filed with FRO.

(Ontario Auditor General)



http://www.auditor.on.ca/en/reports_en/en10/303en10.pdf



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Yet in Ontario, up to 80% of support accounts registered with FRO are delinquent – children and their families are not receiving

support regularly, on time, or at all.



(Bruce-Grey-Owen Sound MPP Bill Walker)

http://www.billwalkermpp.com/news_item.php?ItemID=491



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In fact, as much as $2.1 billion remains uncollected by FRO.



(Bruce-Grey-Owen Sound MPP Bill Walker)

http://www.billwalkermpp.com/news_item.php?ItemID=491



8©2015, HER Grey

Brucewww.hergreybruce.c

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When child support is not paid,

children suffer.



9©2015, HER Grey


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Parents who rely on child support may have

difficulty making ends meet.



10©2015, HER Grey


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Trying to ensure child support is enforced can be

time consuming.



11©2015, HER Grey


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The rules around collection and enforcement may seem

unclear or confusing.



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HER Grey Bruce created this guide to help Ontario families who rely on FRO to collect, distribute and enforce their child support:

• Understand what FRO can and should do.• Understand what FRO cannot do.• Understand their rights as child support recipients

registered with FRO.• Understand the responsibilities of the FRO to parents.• Better navigate the FRO system to ensure payment of

their child support as much as possible.



‘Get to Know FRO’ Guide & Survey



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This guide was prepared by volunteers and although the information within was verified to the best of our abilities at

the time of writing, we make no warranties about its completeness, accuracy or timeliness.

We have provided links to the sources of the information in this guide wherever possible, enabling parents to verify

each point and seek more information.





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The second part of our ‘Get to Know FRO’ project is a survey that will help us better understand your experience

with the FRO.

Please take the time to complete the survey.

It is open to all Ontario parents who are registered to receive their child support through the FRO.





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This survey will help guide our own projects at HER Grey Bruce and will also help inform our provincial

representatives about the issues and challenges parents are experiencing with the FRO.

You can complete the survey here:

https://www.surveymonkey.com/r/SGK75NN







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Who Can Use This Guide?This informational resource was developed by HER Grey Bruce volunteers for Ontario parents who are registered to receive child support through the Family Responsibility Office.

Others who might find this helpful include:• Social workers, counselors, or other community support

workers who deal with child support recipients.• Family and friends of support recipients who wish to be

informed sources of support for their loved one.



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How to Use This Guide

©2015, H.E.R Grey Brucewww.hergreybruce.com

This guide is available primarily through the HER Grey Bruce website, at http://www.hergreybruce.com/her-fro-resource/.

However, we encourage Ontario agencies and community groups to share this resource and have made it available to embed on your own website.

Please visit our SlideShare page for the embed code or contact [email protected] for assistance.

http://www.hergreybruce.com/her-fro-resource/


https://www.slideshare.net/HERGreyBruce/her-grey-bruce-get-to-know-fro-informational-resource

mailto:[email protected]



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What is the Family Responsibility Office, or FRO?



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The Family Responsibility Office is a provincial agency that operates under the

Ministry of Community and Social Services.



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“FRO collects, distributes and enforces court-

ordered child and spousal support payments in

Ontario.”

(Ontario Ministry of Community and Social Services)

http://www.mcss.gov.on.ca/en/mcss/programs/familyResponsibility/lawyers/FRO_do.aspx



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“FRO helps families in Ontario get the support they are entitled to by enforcing court-ordered

support responsibilities.

We work to flow payments from the person who pays the support (the payor) to the person who receives it (the recipient).”





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“If a payor does not meet their support responsibilities, FRO has the legal authority and responsibility to take enforcement action

to recover the money owed.”





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FRO: What’s the Issue?



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The FRO has been criticized for a number of reasons related to both

support payors and recipients for well over a decade.



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In 2004, Ontario Ombudsman Clare Lewis reported there were $1.3 billion in

child support arrears owed to Ontario parents registered with the FRO.

(National Post)

http://www.canadiancrc.com/Newspaper_Articles/Nat_Post_FRO_Problems_17JUN04.aspx



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In 2006, the Ombudsman criticized the office for a “lackadaisical” attitude toward collections, resulting

in a “free ride for many deadbeat parents.”

(National Post)

http://news.nationalpost.com/news/canada/family-responsibility-office-overbills-1700-patients-for-as-long-as-13-years



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In 2010, Auditor General Jim McCarter ripped the agency for its general ineffectiveness, saying it was taking on average two years

between enforcement actions.

At that time, 80% of people who phoned the agency never got through.

(National Post)

http://news.nationalpost.com/news/canada/family-responsibility-office-overbills-1700-patients-for-as-long-as-13-years



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Also in 2010, the Office of the Auditor General of Ontario stated in their Annual Report that the Family Responsibility Office simply “was still not successful in achieving its mandate of collecting

unpaid child and spousal support payments.”

(2012 Annual Report of the Office of the Auditor General)

http://www.auditor.on.ca/en/reports_en/en12/403en12.pdf



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For the 2012-2013 reporting year, Ombudsman André Marin referred to the FRO as the agency “which once again topped the list as the most

complained-about Ontario agency.”

(Ombudsman André Marin)

http://www.ombudsman.on.ca/Resources/Reports/2012-2013-Annual-Report.aspx






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Today



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Yet…Up to 80% of child support accounts with FRO are delinquent and as much as $2.1 billion remains unpaid.

- Bill Walker, Bruce-Grey-Owen Sound MPP & PC Critic for Community and Social Services



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Where’s the disconnect?



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What can you do, as a FRO-registered child support recipient, to advocate for your family?



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Get to Know the FRO



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Collection

Ideally, FRO collects child and spousal support payments from the person who pays the support (the payor) and delivers it to

the person who receives the support (the recipient).

Payor FRO Recipient



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Types of Orders Enforced

FRO has the legal authority to enforce:

• Support Orders• Support Deduction Orders• Domestic Contracts filed with the court



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Number of CasesAccording to FRO, each year they:

• Handle more than 180,000 cases• Have about 380,000 clients• Collect about $650 million in child support

1,200 to 1,500 new cases are added monthly.

(Ontario Ministry of Community and Social Services & FRO ‘Behind the Scenes’ video)

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

http://www.mcss.gov.on.ca/en/mcss/about/videos/transcripts/FRO_file_room.aspx



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Good Parents Pay

FRO also administers the Good Parents Pay website, where the public can help locate payors who defaulted and cannot be located.

http://www.mcss.gov.on.ca/en/goodparentspay/gpp_index.aspx



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The Laws Governing FROThe FRO is mandated through:

• The Family Responsibility and Support Arrears Enforcement Act, 1996. This gives FRO the authority to enforce support orders and contracts filed with the court.

• The Interjurisdictional Support Orders Act, 2002. This allows FRO to enforce when one party lives outside of Ontario, in Canada, in the United States, or in one of the approximately 30 countries in the agreement.



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This means the FRO may still be able to help if your payor resides in:• Any Canadian province or territory• The United States of America, including the District of Columbia, Puerto Rico,

Guam, American Samoa, the United States Virgin Islands• Austria, Czech Republic, Germany, Gibraltar, Norway, Slovak Republic, United

Kingdom• Australian Capital Territory, New South Wales, Northern Territory of Australia,

Queensland, South Australia, Tasmania, Victoria, western Australia• Barbados, Fiji, Hong Kong, New Zealand (including Cook Islands), Papua and

New Guinea, Singapore, South Africa, Southern Rhodesia, or Zimbabwe. (Courthouse Libraries British Columbia)

http://www.courthouselibrary.ca/practice/CivilLitigation/FindMore/ReciprocatingISOA.aspx



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What Doesn’t the FRO Do?



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Motions to Change

The FRO cannot assist families with Motions to Change a support order.



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Support Adjustments

This also means that the FRO does not recalculate the amount of support owing based on your payor’s annual income.

The FRO can only enforce the updated order filed by the court.



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Custody & Access

The FRO cannot assist families with any issues around custody of and access to

children.



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Other Entitlement Issues

The FRO cannot assist families with any other types of entitlement issues.



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Government Records

Privacy laws prevent the FRO from sharing or receiving information from other government agencies like the Canada Revenue Agency

that might help them find your payor.



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Initiating Action

In theory, the FRO is responsible for enforcing child support orders.

In practice, you will likely need to contact and follow up with them regularly to request enforcement action and ensure it is taken.



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Locating Payors

The FRO does not do as much as some may think to track down non-paying parents.



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Legal Advice

The FRO does not offer any legal advice to parents.



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Correspondence

The FRO typically does not notify the recipient parent of any actions taken

on their case unless contacted.



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Getting Started with the FRO



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Filing with FRO

If your child support is court ordered, you are automatically registered with FRO by the courts.



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If your child support is part of your separation agreement or another mutually agreed upon contract, you will need to file it with the court and mail FRO copies of:• The domestic contract• The Affidavit for Filing• A completed FRO registration package



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If you need assistance filing your agreement with the court and with FRO, you may be able to

receive advice from your nearest FLIC (Family Law Information Centre) office.

Look up your local court office here:http://www.attorneygeneral.jus.gov.on.ca/english/courts/Court_Addresses/

http://www.attorneygeneral.jus.gov.on.ca/english/courts/Court_Addresses/



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RegistrationYou will know your case is registered with FRO when they contact you to:

• Welcome you to the FRO• Confirm your contact information• Explain how the program works and what

your responsibilities are



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Your FRO PINYour FRO PIN is your Personal Identification Number. You will need your PIN to access information about your case using the automated information line.

You should receive your PIN within a few weeks of your registration with FRO.



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Start Your Contact Log

All registered FRO users should keep track of their interactions

with the FRO.



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Start Your Contact LogEach time you interact with FRO, it is important to record:• Who initiated the contact• The reason for the contact• The method of contact• The agent’s name or ID number• The confirmation number for the interaction• Notes about the exchange• Any next steps required



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HER Grey Bruce has created a template you can download and use in Excel to track your calls.

You can find it at the bottom of this page:






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If you’re not comfortable with computers, you can track this information on paper.

The important thing is that you keep a written record of your interactions with

and requests of the FRO.



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Your First Payment

According to the FRO, you should receive your first support payment within 30 to 60

days of registration, as long as there are no complications.



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However, until a support deduction order is in place, your case will not be registered

with the FRO.

You will not receive payments until the FRO is able to secure payments or garnishments

from your payor.



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Your Responsibilities with the FRO



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Contact Information

You are responsible for notifying the FRO within 10 days if your phone number, mailing

address, banking information or physical address change.



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Change in Circumstance

You are responsible for filing any change orders with the court if your child’s circumstances change.

For example, you may need to seek legal advice if your child turned 18, left school, got married or got a job,

depending on your order or agreement.



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Your PIN

You are responsible for protecting your PIN. Your support payor has a PIN of their own and does not

need to know yours for any reason.

Contact FRO immediately if your PIN may have been lost, stolen or forgotten.



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Late Payments

FRO agents often have hundreds of cases and you are ultimately

responsible for notifying them if you are not receiving payments.



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If you have not received a payment in 30 days, contact FRO to report the missing payment(s).

However, be aware that they will not begin enforcement until the payor is the equivalent of three

months behind.



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Direct Payments from Payor

When you are registered with the FRO, ALL PAYMENTS must go through their office.

You are responsible for reporting any payments you receive directly from your payor to the FRO

immediately.



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Reporting Your Payor

Unfortunately, one of the greatest misconceptions about the FRO is that they will pursue your payor for you if payments

are not being made.



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Your payor is responsible for keeping their contact and employment information up to

date with the FRO within 10 days of a change.



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If they do not, YOU are responsible for reporting your payor’s address, phone number,

employer or income source, business or property transactions, etc. to the FRO.



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Responding to the FRO

You are responsible for returning FRO phone calls and responding to their letters or requests

as soon as possible.



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Changing Your Support

You are responsible for going to court if you want to change any of the terms of your support order, including increasing or decreasing the amount of

support, ending support, etc.



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Filing for Interest

You are responsible for filing a Statement of Arrears if your court order or

agreement provides for interest on late payments. The FRO does not automatically

collect interest.

http://www.forms.ssb.gov.on.ca/mbs/ssb/forms/ssbforms.nsf/MinistryDetail?OpenForm&ACT=RDR&TAB=PROFILE&ENV=WWE&NO=006-FRO-007E



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Death & Bankruptcy

You are responsible for notifying the FRO immediately if you become aware of the death of

your payor, or if you learn that your payor has claimed bankruptcy.



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The FRO’s Responsibilities to You



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FRO’s Mandate

The FRO is responsible for helping families in Ontario get the support they are entitled to by

enforcing court-ordered support payments.



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Your Case Contact

The FRO is responsible for assigning you a case contact, who is responsible for making all

decisions on your file.*

(*Unless you escalate an issue to their supervisor.)

http://www.mcss.gov.on.ca/en/mcss/about/videos/transcripts/FRO_case_management.aspx



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Timely Payments

In normal circumstances, the FRO is responsible for depositing your support payment into your

bank account within 48 hours.



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Enforcement

The FRO has a “legal authority and responsibility

to take enforcement action to recover the money” owing by payors.


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



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Enforcement Actions



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When Parents Don’t Pay

Payors are responsible for contacting the FRO if they are unable to pay their support or are

falling behind.

The FRO cannot reduce the amount of support owing. However, the payor is responsible for

working out a repayment plan.



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There are a number of actions the FRO can take to enforce child support orders:



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Enforcement Actions• Garnishing bank accounts

• Garnishing money the payor may be entitled to receive from the Government of Canada (for example, income tax refunds, employment insurance benefits, Canada Pension Plan benefits, and Old Age Security benefits)

• Reporting the payor to the credit bureau

• Suspending the payor’s driver’s licence

• Placing a lien on personal property(Ontario Ministry of Community and Social Services)




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• Suspending the payor’s Canadian passport or other federal licences (including a pilot's licence, as well as maritime and navigational licences and certificates)

• Issuing a writ of seizure and sale for property owned by the payor

• Reporting the payor to their professional organization(s)

• Seizing the payor’s lottery winnings

• Starting a Default Hearing, which can result in jail time(Ontario Ministry of Community and Social Services)




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When the FRO Will Enforce

Unfortunately, it does not appear that the FRO has published a standard as to when

they will begin enforcement action and what that process looks like.



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However, our members have been told by case workers:

• Enforcement action begins when the payor is three months worth of payments behind.

• Depending on the action, there are various wait times for the payor to respond or make payment.

• Enforcement action stops when a payment is made.• Enforcement action then starts over.



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Some issues you may experience around enforcement:• The payor makes a payment and enforcement action is

cancelled, but payments then cease.• The FRO may not begin or continue enforcement actions

unless prompted by the support recipient.• The FRO cannot enforce a deduction order or garnish

wages if the payor is unemployed, working ‘under the table,’ or cannot be located.



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How can support recipients advocate for enforcement in their child support case

with the FRO?



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Keep a detailed communication log.



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Each time your FRO caseworker is to take action, ask for the date they expect that

task will be completed.



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Phone the automated information line to confirm enforcement action was taken.



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Phone your caseworker if the automated information line does not confirm that

enforcement action was taken.



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Payor PenaltiesThe FRO can apply fees to a payor’s account for the following:

• $25 statement of account• $100 for record adjustment• $400 for each enforcement action taken• $50 refiling fee to offset cost of reopening a file

The FRO will collect these fees only after all support is caught up.



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Communicating with the FRO



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The FRO Website

The FRO does not have its own website. There is a section for it on the Ontario Ministry of Community and Social Services website.



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Access it here:http://www.mcss.gov.on.ca/en/mcss/programs/familyResponsibility/

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

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



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Automated Information Line

Toll-free: 1-800-267-7263

Toronto: 416-326-1818

TTY: 1-866-545-0083



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The FRO Automated Information telephone line can provide: • Payment and financial information about your

case• Enforcement and actions taken• Support order information• FRO’s programs and laws



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You will need your Case Number and PIN to access your information each time you

use the Automated Information line.



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Reach Your Case Contact

Between 8 a.m. and 5 p.m. Monday to Friday:

Toll-free: 1-800-267-4330

Toronto: 416-326-1817



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All Other ContactsSee contact information for:• Mailing correspondence• Faxing information• Freedom of Information requests• Interjurisdictional Support Orders• All other issues

http://www.mcss.gov.on.ca/en/mcss/programs/familyResponsibility/Contact/payor_recipient.aspx







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Remember to record your requests and interactions with the FRO – and next steps

– in your communication records.



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FRO Complaints



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If you have a complaint about the way your FRO case is being managed, how you are being treated, or any other concern, you

can increase the chance it will be resolved successfully by following this process.



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Communicate to your caseworker:

a) What the issue is;b) And how you expect it could

be resolved.

1.



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Ask your caseworker about their plan of action, including:a) What steps they will take to solve

the problem;b) When it will be resolved;c) And how you will be notified of

the solution.

2.



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If the issue is not resolved or the caseworker refuses to take action, ask for a Family Responsibility Office supervisor.

3.



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Using your communication log, explain to the supervisor what you have done to try

to resolve the problem.



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Ask the FRO supervisor about their plan of action, including:a) What steps they will take to solve


the solution.

4.



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If the issue is not resolved or the supervisor refuses to take action, you can escalate your complaint to your local Member of Provincial Parliament.

5.



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Search for your local Member of Provincial Parliament on this page from

the Legislative Assembly of Ontario:

http://www.ontla.on.ca/web/members/members_current.do?locale=en






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Your local MPP is your elected member of government at the provincial level.

“Ontario’s 107 MPPs are elected to represent the concerns of their constituents regarding provincial responsibilities at the Legislature

and in their ridings.”(Legislative Assembly of Ontario)

http://educationportal.ontla.on.ca/en/about-parliament/how-parliament-works/parliamentary-roles/members-provincial-parliament-mpps



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You will also need your communication log at this stage, to inform your MPP of all interactions with

the FRO in regards to the complaint.



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Your MPP (or his or her staff) may also request that you fill out a form they provide, detailing the issue you are

experiencing and what steps you have taken to resolve it.



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Ask your MPP about their plan of action, including:a) What steps they will take to solve


the solution.



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If all other avenues of recourse are exhausted, you can file a complaint with the Ombudsman of Ontario, who investigates complaints against provincial government organizations in Ontario.

6.



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Read more and file a complaint here:http://www.ombudsman.on.ca/Make-A-Complaint.aspx

http://www.ombudsman.on.ca/Make-A-Complaint.aspx

http://www.ombudsman.on.ca/Make-A-Complaint.aspx



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Frequently Asked Questions



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Can FRO enforce a support order when one party lives outside of Ontario?

Q.



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Yes. The Interjurisdictional Support Orders Act of 2002 allows FRO to enforce child and

spousal support payments when one party lives outside of Ontario.

A.



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When should I contact the FRO to report a late or missing payment?

Q.



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30 days. If you have not received a payment in 30 days, contact your caseworker

immediately.

A.



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My payor offered to give me a payment in cash this month. Can I accept it?

Q.



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No. The FRO does not allow for direct payments between payors and recipients. You must report any direct payments to the FRO immediately and a fee of $100 will be applied

to your payor’s account.

A.



127

Can the FRO adjust the amount of child support owing when my payor’s income

increases or decreases?

Q.



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No. For more information on family law in Ontario and the resources available to you, visit the Ministry of the Attorney General’s

website:http://

www.attorneygeneral.jus.gov.on.ca/english/justice-ont/family_law.asp?fullSite

A.

http://www.attorneygeneral.jus.gov.on.ca/english/justice-ont/family_law.asp?fullSite





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Can the FRO enforce a support order when the payor has claimed bankruptcy?

Q.



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Yes. Parents are responsible for paying their court ordered support, even during and after

bankruptcy. FRO will enforce the ongoing support that accrues after bankruptcy.

A.



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When might FRO place a payor on the Good Parents Pay website?

Q.



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The individuals on the Good Parents Pay website have not paid their child support in at

least six months and cannot be found.

A.



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Can I withdraw from FRO?

Q.



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Yes. However, it is important to seek legal advice and be aware that you will be

responsible for enforcing the order in court if your payor defaults in future. Learn more

about withdrawal from FRO here.

A.

http://mcss.gov.on.ca/en/mcss/programs/familyResponsibility/General/withdraw_case.aspx



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Where can I find the forms I may need to submit to the FRO from time to time?

Q.



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On the FRO website. The most common forms are available at the link below. If you cannot find the form you

need, call your case contact.

http://www.mcss.gov.on.ca/en/mcss/forms/FRO_forms_index.aspx#common

A.






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Thank You!Thank you for taking the time to review this ‘Get to Know FRO’ guide. We hope you’ve found it helpful and that you will share it with other recipient parents who may find it useful, as well.

Please visit us at http://www.hergreybruce.com/her-fro-resource/

for the complete resource.





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Take the SurveyPlease share your anonymous feedback about your experiences with the Family Responsibility

Office with HER Grey Bruce.

Learn more and complete the survey at http://www.hergreybruce.com/fro-survey/

http://www.hergreybruce.com/fro-survey/



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Get to Know FRO' Informational Guide for Ontario Child Support Recipients - developed by HER Grey Bruce