Child support is a legal obligation in Ontario, not a suggestion. When a parent fails to pay child support, the consequences can be serious and long-lasting.
If you are owed child support — or if you are struggling to keep up with payments — understanding what happens next is critical. Below, we explain what happens if child support is not paid in Ontario, how enforcement works, and when you should speak with a family lawyer.
Is Child Support Mandatory in Ontario?
Yes. Child support is mandatory under Ontario family law.
Child support obligations arise under:
- The Divorce Act (for married parents), and/or
- The Family Law Act (for married and unmarried parents)
Once child support is set out in a court order or separation agreement, it must be paid as required, failing which the payor will face consequences. Failure to pay is considered a serious legal issue.
What Happens If Child Support Is Not Paid?
Child support enforcement usually begins through Ontario’s Family Responsibility Office (FRO).
The Role of the Family Responsibility Office (FRO)
Most child support orders and agreements in Ontario are filed with the FRO. The FRO is responsible for:
- Collecting child support payments
- Enforcing unpaid child support
- Taking legal steps against parents who fall into arrears (past-due payments that haven’t been made)
Enforcement Actions the FRO Can Take
If child support is not paid, the FRO has broad enforcement powers, including:
Wage Garnishment
- Garnish wages directly from an employer
- Deduct payments from Employment Insurance, pensions, or other income sources
Freezing Bank Accounts
- Freeze bank accounts
- Seize funds to pay child support arrears
Suspension of Driver’s Licence
- Suspend the payor’s Ontario driver’s licence
- Prevent renewal until arrears are addressed
Passport and Federal Licence Suspension
- Suspension of a Canadian passport
- Suspension or denial of federal licences
Credit Bureau Reporting
Unpaid child support may be reported to credit bureaus, negatively affecting the payor’s credit rating.
Can the Court Get Involved?
Yes. In some cases, unpaid child support can result in court enforcement proceedings initiated by the recipient parent or the Family Responsibility Office.
A payor parent may be required to attend a default hearing, where the court can:
- Order lump-sum payments
- Impose payment schedules
- Find the payor in contempt of court in extreme cases
Courts take child support enforcement very seriously because it directly affects children’s well-being.
Can You Go to Jail for Not Paying Child Support in Ontario?
Jail is rare, but it is possible in extreme cases.
Imprisonment is typically considered only where:
- The payor has the ability to pay but refuses
- All other enforcement methods have failed
Ontario courts generally prefer enforcement methods that result in payment rather than punishment.
What If You Cannot Afford to Pay Child Support?
If your financial circumstances have changed, ignoring child support is not the solution.
Common examples of material changes include:
- Job loss or reduced income
- Illness or disability
- Career changes or retirement
If you cannot afford to pay, you must:
- Seek a variation of the child support order or agreement
- Continue paying what you can until the order is changed
Child support does not automatically change when income changes — only a new agreement or court order can adjust it. In most cases, parents are required to exchange updated income disclosure annually for the purpose of adjusting child support amounts.
What If You Are Owed Child Support?
If you are not receiving child support, you have legal options.
A family lawyer can help you:
- Obtain a court order for child support
- Register or enforce support through the FRO
- Address ongoing arrears (past-due payments that haven’t been made)
- Bring court motions where necessary
- Protect your child’s financial interests
Delays can make enforcement more difficult, so early action is important.
Why Legal Advice Matters in Child Support Enforcement
Child support enforcement can quickly become complex, especially when:
- Arrears accumulate
- Income is disputed
- A parent is self-employed
- Support spans multiple years
Getting proper legal advice ensures your rights — and your child’s rights — are protected.
Speak with an Ontario Family Lawyer About Child Support Issues
Whether you are owed child support or facing enforcement action, you do not have to navigate the system alone.
At DV Law, our experienced Ontario family lawyers can:
- Assist with unpaid child support and enforcement
- Help vary child support when circumstances change
- Represent you in court or FRO-related proceedings
- Provide clear, practical advice tailored to your situation
Contact DV Law today to schedule a confidential consultation and get guidance on your child support rights and obligations.
