If child support was ordered by the court, then the primary enforcement of the order falls on the Family Responsibility Office (FRO). This government office has a number of very effective powers to help ensure that support payments are made on time. They do not have jurisdiction over individuals who are paying support because of a separate agreement outside the courts. There are several ways a parent and the FRO can enforce a child support order.
Wage Garnishments
One of the main enforcement mechanisms is wage garnishments. Individuals who pay less than the ordered amount consistently or who continually make very late payments often have wages garnished. This means the employer deducts the money owed before it ever reaches the responsible party. The money is transferred to the FRO and then to the parent. This is a power the FRO can use when dealing with payors who are employed but not making payments.
Liens on Assets and Bank Accounts
Individuals who are completely ignoring a child support order or who are attempting to hide assets could be subjected to liens or other measures by the FRO. The FRO could decide to place liens against cars, homes or other assets. This could extend to certain business assets. This means any money earned from the sale of those assets will go towards child support. Additionally, the FRO has the power to seize payments from any bank account holding the money of the responsible party regardless of who owns the account.
Suing For Retroactive Child Support
Despite reporting laws, there might be situations where support orders are not adjusted to match rising income levels. A parent can file for retroactive payments if it is discovered that the payor has a higher income than originally reported. Newmarket lawyers and other qualified legal representatives can file a case for the difference between what was paid and what should have been paid. This can cover several years of payments. Retroactive child support lawsuits can prevent the payor from defrauding the orders of the court.
Enforcing Child Support Outside the FRO
Many people have child support agreements made personally outside the courts. An attorney can file a lawsuit to compel the responsible party to meet the child support agreement. The court could issue an order that will be enforced through garnishments and potentially punitive measures like canceling a passport or canceling a driver’s license.
