What Happens If a Parent Cannot Pay Child Support In Ontario?

by | Jun 2, 2025 | legal guidance | 0 comments

A graphic about what happens if father cannot pay child support.

Both parents are supposed to support their child equally in Ontario. However, sometimes a court may order the parent to make monthly or annual child support payments. This may make you curious about what happens if a parent cannot pay child support.

The legal payments must be made in a timely manner, otherwise, legal consequences can follow. If you’re threatening not to pay, learning what happens if parent cannot pay child support will help you take the right action. Let’s take a deeper look.

What Happens If Parent Cannot Pay Child Support In Ontario?

A parent has a legal obligation to make payments to their spouse according to the Child Support Guidelines. If you fail to do so, the following consequences can occur:

1. Money Deduction From Your Bank Account

When a person is legally required to pay specific child support payments, the order for that money is filed with the Family Responsibility Office (FRO).

The FRO helps families by ensuring their spouse is paying the designated support amount timely manner. If you miss any payment, the organization will notice it and issue a penalty.

For example, the FRO may ask your bank to send the money you owe them directly. This is called garnishing a bank account. Any wages that are sent to your account by your employer can be used for making your child support payments.

Garnishing of bank accounts mainly occurs if the account is 100% yours. If it’s a joint account, the FRO can only garnish 50% of the holdings to pay child support arrears.

2. Federal Payment Deductions

The federal government has an obligation to help the Family Responsibility Office perform its tasks. If you have child support arrears (outstanding payments), the FRO can send a formal request to the federal government to deduct money from payments they owe you.

FRO and the government can deduct child supportarrears from different payments, such as:

  • Income tax refunds
  • GST/HST refunds
  • Canadian Pension Plan
  • Federal training allowances

If you receive payments from the Canadian Pension Plan, the government can deduct 50% of your benefits. Meanwhile, 100% of the money can be deducted from tax refunds or interest on Bank of Canada savings bonds.

3. Report Against You Is Sent To Credit Bureau

The Credit Bureau helps people get jobs, loans, and other types of credit. If a report is sent to the agency against you, it will be difficult for you to seek the Credit Bureau’s help for jobs or other tasks.

Typically, the FRO will send you a notice if you haven’t made a child support payment in the last 60 days. They’ll mention that you have 15 days to contact them about the payments, or a report will be sent to the Credit Bureau.

If you fail to meet this child support deadline, your file will be updated. The record of arrears will remain on your Credit Bureau file for at least six years.

4. Your Licenses May Be Suspended

Failing to fulfill child support obligations can lead to license suspension. These licenses may be:

Listing the licenses that may be suspended as a consequence of what happens if the father cannot pay child support.

If these licenses are suspended, you can get them reinstated by entering into a payment plan with the FRO. 

5. Lien On Property

A lien on your property, such as a homeor vehicle, can be placed by the FRO. Your arrears are included in the lien, the amount of which may change if you make new payments.

If you fail to pay child support after the lien, the amount of the lien will increase significantly. Attempting to sell the property will also not work in your favour because the lien will show up on searches.

The FRO holds the lien in place until:

  • You pay the child support arrears completely
  • You sell the property and clear child support payments using the sale funds
  • Your support is order is no longer registered with the FRO

When you complete the child support payments, the lien will be lifted immediately.

6. Writ Of Seizure

A writ of seizure is a document that allows the FRO to collect the child support arrears you owe your ex-spouse. Such an order allows seizure of your assets, such as a home, vehicle, or land.

The sheriff can not only seize your assets, but also sell them to clear outstanding child support payments. If you wish to get the order lifted, you must contact the FRO immediately.

7. Report Against You Is Sent To Your Workplace

Your professional life will also suffer if you don’t pay timely child support payments in Canada. The FRO can send a report against you to your professional organization. This report will contain:

  • Your name
  • Date of the child support order
  • Amount and frequency of payments you have to make
  • Child support arrears you owe

You will receive a notice from the FRO if you failed to pay child support payments in the last three months. If you don’t respond to the notice within 30 days, the agency will send a report to your workplace.

8. Seizure Of Lottery Winnings

Many people invest in lottery tickets if they’re suffering from financial hardships. If you also bought tickets and win any amount, the FRO can seize that money.

The agency can inform the Ontario Lottery and Gaming Corporation (OLG)about the debt you owe them. If you win a lottery exceeding $1,000, the OLG will send that to the FRO directly.

9. Default Court Hearing

One of the strictest consequences of what happens if the parent cannot pay child support is a default hearing. This hearing is conducted in a family court in front of a judge.

You must explain why you didn’t pay child support in Canada. It is important to have a family lawyer beside you for the hearing to ensure the best outcome. After hearing your side, the court will decide what you must do to clear the payments.

Can You Go To Jail For Not Paying Child Support In Canada?

You can go to jail for not paying child support in Canada. It is the last resort the government uses if you don’t clear the arrears after the previously mentioned measures.

The imprisonment time varies depending on the province. However, it is usually not more than a few months in most places. Contacting a family lawyercan help you understand whether you can go to jail for not paying child support in Canada.

Who Can Help You With What Happens If Parent Cannot Pay Child Support In Canada?

You can seek help from a family lawyer in Canada for what happens if parent cannot pay child support. The attorney will let you know when action is taken for missing payments.

They will also take quick measures, such as contacting the FRO with you if you received a notice of license suspension or a report filing. If matters reach a default hearing, the only person having your best interests will be your family lawyer in Scarborough, such as Barnett Law.

FAQs

How Long Do You Have To Legally Pay Child Support In Canada?

You have to legally pay child support in Canada until your child turns 18. After that, they’ll no longer be dependent children.

Can I Sue My Dad For Child Support Canada?

Children aged 16 or above can sue their dads for outstanding child support payments.

Can Child Support Arrears Be Forgiven In Ontario?

Child support arrears may be forgiven if you prove undue hardship in Ontario courts. Such instances are rare because courts never award amounts that are too high.

How To Prove Undue Hardship Child Support?

You can prove undue hardship child support by submitting documents or evidence that your lifestyle is poorer than that of the receiving spouse. Outstanding debt orders may be submitted to prove undue hardship.

Failed To Pay Child Support? Seek Our Advice On Consequences And How To Avoid Them

Child support is a legal obligation that couples divorcing or separating must fulfill. These payments are made to support dependent children of the couple (kids below age 18).

The court may order you to pay your ex-partner support payments if their standard of living is poorer than yours. Other factors are also considered when child support payments are decided.

If you cannot meet legal obligations due to undue hardship or other reasons, a family lawyer will help you. Connect with Barnett Law todayto meet our expert team and avoid the consequences of what happens if a parent cannot pay child support.

Author Profile

Barnett Law
Barnett Law
Barnett Law is a trusted and knowledgeable lawyer in Scarborough. Her expertise spans real estate law, family law, adoptions and fertility law. A lawyer by profession and a humanitarian by heart, Athena Narsingh Barnett wants to help people become more familiar with the legal system and be well-informed to make important legal decisions.