The Family Responsibility Office is threatening to take my driver’s licence because I am behind in support payments. But if they take my licence then I can’t work to make money. Can they do this?

Yes they can. S.6 of the Family Responsibility and Support Arrears Enforcement Act, 1996, S.O. 1996, c. 31 gives the FRO the authority to use any type of enforcement mechanism necessary to enforce support payments. Also, ss. 33-39 regulate the suspension of driver’s license and s. 34 requires that the FRO give notice before suspending a driver’s license.

After notice is given the paying parent has 30 days to either:

• pay the arrears,
• make an arrangement for payment, or
• obtain an order to refrain under s. 35(1).

Therefore, if you satisfy the terms of s. 35(1), you may be able to stop the FRO from suspending your license. S. 35(1) states that:

“If a payor is served with a first notice under section 34 and makes a motion to change the support order, the payor may also, on notice to the Director, make a motion for an order that the Director refrain from directing the suspension of the payor’s driver’s license under subsection 37 (1), on the terms that the court considers just, which may include payment terms.”