FRO’s Enforcement Powers
The Family Responsibility Office (FRO) in Ontario wields considerable authority to enforce compliance with child support, spousal support, and other family-related court orders, particularly those arising from divorce and child custody disputes. One of its most impactful tools is the ability to suspend a payor’s driver’s license or passport, effectively curbing their ability to drive or travel outside Canada.
These measures are often employed to compel individuals who have fallen behind on their payments to meet their obligations. While effective, such actions can create significant challenges for payors, particularly if their livelihood depends on mobility.
Contesting License and Passport Suspension
Payors facing enforcement action by the FRO have the right to seek a refraining order to halt the suspension process. This legal recourse is critical for those whose ability to earn a living—and consequently meet their support obligations—would be jeopardized by the loss of their driving or travel privileges.
To succeed in obtaining a refraining order, payors must demonstrate that:
- Their financial circumstances have changed significantly since the original order was issued.
- The enforcement action would cause undue hardship or prevent them from fulfilling their obligations to their dependents.
- They have not engaged in blameworthy conduct.
Case Study: The Impact of Changing Financial Circumstances
A well-known case, Lewis v. Ontario (Family Responsibility Office), highlights how the courts balance the FRO’s enforcement powers with the realities of financial hardship.
The payor in this case was the primary parent of three children and was ordered to pay over $8,000 per month in temporary spousal support, based on an annual income exceeding $500,000. However, due to changes in his business, his income dropped dramatically to $60,000 annually.
Recognizing his reduced earning capacity, the payor and his ex-spouse renegotiated the terms of spousal support in their final agreement. They signed a final agreement that eliminated arrears and reduced the support amount. Despite the new agreement, the ex-spouse sought to have it set aside, leading the FRO to enforce the original order by notifying the payor of the upcoming suspension of his driver’s license and passport.
Court Decision
The court granted a refraining order, stating that:
- The final agreement signed by both parties and the payor’s substantially reduced income warranted revisiting the original order.
- The payor’s sole financial responsibility for the couple’s three children suggested that there was no blameworthy conduct.
Moreover, the court acknowledged that the payor’s business required him to travel extensively across Ontario and to the U.S. to meet clients. Suspending his license and passport would have severely impacted his ability to earn a living and provide for his children.
Divorce, Custody, and Support Disputes in Ottawa
This case underscores the importance of ensuring that child and spousal support orders reflect current financial realities. While the FRO has broad enforcement powers, the courts recognize that circumstances can change. If a payor can demonstrate good faith efforts and financial hardship, enforcement actions like license and passport suspensions may be halted.
For those navigating divorce, custody disputes, or support obligations in Ottawa, working with an experienced family law lawyer is crucial. A lawyer can help ensure that your rights are protected, whether you’re seeking enforcement of a support order or contesting an unfair action by the FRO.
Seeking Legal Guidance in Ottawa, Call Our Lawyers now
Family law issues can be complex, especially when enforcement actions like license or passport suspensions are involved. An experienced lawyer can provide personalized advice and guide you through the process, helping you secure the best outcome for you and your family. If you’re facing challenges related to divorce, child custody, or support payments, don’t hesitate to seek professional help.
