Your completed Statement of Arrears needs to be commissioned before submitting to the Family Responsibiltiy Office (FRO) to claim arrears for support payments owed by a payor. Neighbourhood Notary can help you commission your Statement of Arrears.
What is the Family Responsibility Office?
At the time of a couple's separation or divorce, the court may issue a support order and a support deduction order for a payor to pay child or spousal support payments. Support orders are automatically filed with the Family Responsibility Office ("FRO").
The FRO is a government agency that deals with child support and spousal support. The FRO collects support payments directly from the person who has to pay support, keeps a record of the amounts paid, and then distributes the amount to the person who has to get support. The FRO also enforces support orders and domestic contracts filed with the court.
To learn more about the FRO and paying and receiving child and spousal support in Ontario click here.
What is a Statement of Arrears?
While a support order is automatically filed with the FRO, it may not be filed before support payments are missed (also called "arrears") by the person paying the support. In that case, the person receiving the support can complete a Statement of Arrears detailing the payments missed and submit it to the FRO so they can begin the process of collecting on the missed support payments. The completed Statement of Arrears must be signed before a notary public.
To download the Statement of Arrears form click here.
Of course, if your support order and support deduction order are already filed with the FRO a Statement of Arrears would not be necessary as the FRO has the power to enforce the court's support order by doing everything from garnishing wages to suspending driver's licences.
DISCLAIMER: information provided in this article is for informational purposes only. It may not be up-to-date and may not be accurate. It shall not be construed as legal advice. Please contact the relevant governmental entity or organization for the most up-to-date and accurate information.
Need help drafting and / or commisioning your Statement of Arrears?