Enforcement

Every province and territory has a support enforcement program that can collect child support (and spousal support) on behalf of recipients. These programs are free to use and have significant enforcement powers. In Ontario, the program is the Family Responsibility Office (FRO). In BC, it is the Family Maintenance Enforcement Program (FMEP). In Alberta, it is the Maintenance Enforcement Program (MEP). Similar programs exist in every other province and territory. When you register with the enforcement program, it takes over collection — you do not have to chase the payor yourself. The program can garnish wages, intercept tax refunds, suspend driver's licences, and take other enforcement action.

Wage garnishment is one of the most effective enforcement tools. The enforcement program can send a notice to the payor's employer requiring the employer to deduct child support directly from the payor's paycheque and remit it to the program. The payor cannot instruct their employer to ignore the garnishment — it is a legal obligation. Wage garnishment is automatic in some provinces when a support order is registered with the enforcement program. It can also be ordered by the court. If the payor changes jobs, the garnishment follows them — the enforcement program will issue a new notice to the new employer.

The federal government's Maintenance Enforcement Program (MEP) can intercept federal income tax refunds and other federal government payments (such as GST/HST credits and Canada Child Benefit payments) and redirect them to pay child support arrears. Provincial enforcement programs can also intercept provincial tax refunds. This is a powerful tool for collecting arrears from payors who are self-employed or who do not have a regular employer. The interception happens automatically when the payor's arrears are registered with the federal program.

Provincial enforcement programs can suspend a payor's driver's licence, professional licence, or recreational licence (such as a hunting or fishing licence) if they fall significantly behind on support payments. The threat of losing a driver's licence is often a powerful motivator for payors who have been avoiding payment. In some provinces, the enforcement program can also report arrears to credit bureaus, which affects the payor's credit rating. These enforcement tools are designed to create real consequences for non-payment without requiring the recipient to go back to court.

A parent who willfully refuses to pay child support in breach of a court order can be found in contempt of court. Contempt proceedings are brought in family court and can result in fines or, in serious cases, imprisonment. Contempt is a last resort — courts prefer to use other enforcement tools first. To succeed in a contempt motion, you must show that the payor had the ability to pay and willfully chose not to. A payor who genuinely cannot afford to pay (because of job loss or illness) is not in contempt — they should bring a motion to change the order instead.

Child support arrears are the accumulated unpaid support from past periods. Arrears do not disappear — they continue to accumulate interest and can be collected for years. Enforcement programs can collect arrears through all the same tools used to collect current support: wage garnishment, tax interception, licence suspension, and contempt proceedings. If the payor has assets (real estate, investments, vehicles), the recipient can register the arrears as a lien against those assets. In some cases, arrears can be collected from the payor's estate after their death. If you are owed arrears, register with your provincial enforcement program and let them pursue collection.