Spousal support payments are enforced by the Family Responsibility Office (FRO). The FRO gets involved if a court order exists or a separation agreement is filed with the court and is registered for enforcement with the FRO.
Your driver’s license is liable to be suspended by the Registrar of Motor Vehicles on request by the FRO based on missed spousal or child support payments.
How can you get a refraining order to stop the FRO if you have not made spousal or child support payments?
To get a refraining order to stop the FRO, you will need to:
- Pay all arrear support payments by contacting the FRO;
- Make a voluntary payment schedule in agreement with the FRO which is affordable for you and covers the monthly support payments plus an additional payment for the arrears as defined by the FRO;
- Get a refraining order from the court within the next 30 days to request that your driving license should not be suspended
When should you apply for a refraining order?
You can apply for a refraining order in the below circumstances:
- No mutual payment agreement has been reached between you and the FRO;
- You wish to change the support payment amounts;
- You have made an application for varying the amount of support you pay
What are the steps for getting a refraining order to stop the FRO?
Complete the Court Forms
Visit the same court where you made and filed your support order or separation agreement. It can be one amongst the below three courts in Ontario which deal with Family Law matters:
- Ontario Court of Justice;
- Superior Court of Justice;
- Family Court branch of the Superior Court of JusticeMany forms need to be completed and submitted like the Notice of Motion, Affidavit, Financial Statements and more. They need to be supported with specified documents including proof of income, a copy of the First Notice of Driver’s Licence Suspension, support order and more.Before the deadline date mentioned on the First Notice, you can get a date for your motion from the courthouse.
Make FRO Submissions
The forms need to be submitted to the FRO a minimum of four days before the date of motion or as soon as possible. By doing this, the FRO is aware of your court date and evidence that will be used in court. It is essential that correct and true information be provided in all the documents.
Take your forms to the court
After serving the documents to the FRO, you need to file them in court before a minimum of four days of the court date. The documents which you will file include the Notice of Motion, Financial Statements and many more which is part of your court file known as continuing record
You need to confirm to the court that you are ready to go ahead with your court hearing. You can make a voluntary payment plan with the lawyers in the Family Responsibility Office (FRO)
You can also get a refraining order on consent if you and the FRO Lawyer mutually agree on the payment terms. In case of disagreements, the judge steps in to make a final decision.
Once the judge makes a refraining order as requested, you need to start a motion to change your support order within the next 20 days. The terms of the support agreement or order can only be changed by filing the motion to change.
The judge can also make orders for you to:
- Make complete financial disclosure to the FRO;
- Continue spousal or child support payments regularly;
- Continue making payments for outstanding support amounts
How We Can Help
At Nanda & Associate Lawyers, our excellent Family Law lawyers help in making effective representation for preparing for refraining orders and filing motions to change. They understand your specific circumstances and provide tailored and customized solutions for each of them. Many legal complexities exist in applying for refraining orders and an experienced family law lawyer can help you to navigate better.
Our Mississauga Family Law Lawyers are available for a no-obligation free consultation. Come and experience our quality legal counsel and personalized care we give to each client.