If my former spouse/partner hasn’t made support payments, can I refuse access to the children?

No you cannot. Custodial parents have no right to deny or limit the rights of an access parent.

Usually what happens is when a court orders support that order is automatically filed with Family Responsibility Office (FRO) who then contacts the parties and begins collecting support payments from the payor to then administer to the recipient.

If there is no order and instead only a separation agreement then the parties can file the agreement with the court who then files it with the FRO.

The parties may also choose to exclude the FRO from their support arrangements however their withdrawal must be express and consented to.

Therefore, if your former spouse/partner begins defaulting on his or her payments the FRO has the authority under the Family Responsibility and Support Arrears Enforcement Act, 1996 to:

• garnish wages
• seize bank accounts
• suspend passports and other federal licences
• seize income tax returns and GST rebates
• garnish 50% of Employment Insurance, CPP, OAS, and other federal periodic payments, and
• suspend a driver’s licence.

If the FRO is unsuccessful in enforcing the support payments and your former spouse/partner is still not paying according to the order or agreement then the last alternative available is to find him or her in contempt of the orders pursuant to s. 49(1) of the Family Law Ac, which may result in either a fine or a term of imprisonment.