Ontario -> FRO (Family Responsibility Office) -> Maximus -> Themis = BAD!

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Part II
Director of the Family Responsibility Office

Director of Family Responsibility Office

2. There shall be a Director of the Family Responsibility Office who shall be appointed by the Lieutenant Governor in Council. 1996, c. 31, s. 2.

Enforcement officers

3. (1) The Director may appoint employees of the Director’s office as enforcement officers for the purposes of this Act. 1996, c. 31, s. 3 (1).

Powers

(2) An enforcement officer may act for the Director and in his or her name. 1996, c. 31, s. 3 (2).

Assignment of Director’s powers, etc.

4. (1) The Attorney General may, subject to the approval of the Lieutenant Governor in Council, assign to any person, agency or body, or class thereof, any of the powers, duties or functions of the Director under this Act, subject to the limitations, conditions and requirements set out in the assignment. 1996, c. 31, s. 4 (1).

Same

(2) An assignment may include powers, duties or functions that are not purely administrative in nature, including statutory powers of decision and discretionary powers given to the Director under this Act, and may provide that an assignee may be a party in any action or proceeding instead of the Director. 1996, c. 31, s. 4 (2).

Fees, etc.

(3) An assignment may, subject to any regulation made under clause 63 (1), set out the fees, costs, disbursements, surcharges and other charges that the assignee may charge to the payor, or a method for determining them, how and when they may be collected, and may exempt the assignee from clause 22 (a) of the Collection Agencies Act. 1996, c. 31, s. 4 (3).

Same

(4) An assignee may charge fees, costs, disbursements, surcharges and other charges as set out in the assignment and such fees, costs, disbursements, surcharges and other charges may,

(a) be in respect of services for which the Director may not charge anything;

(b) be higher than a fee, cost, disbursement, surcharge or other charge that the Director is permitted to charge for the same service; and

(c) be applied in a manner other than that provided in section 57. 1996, c. 31, s. 4 (4).

Same

(5) Any fees, costs, disbursements, surcharges or other charges charged by an assignee must be charged to the payor and may be added to the amount of arrears owing by the payor and may be collected in like manner as arrears. 1996, c. 31, s. 4 (5).

Interest

(6) For the purposes of subsections (3), (4) and (5),

“other charges” includes interest at a rate prescribed by regulation. 1996, c. 31, s. 4 (6).

Use of information restricted

(7) An assignee shall not use or disclose the information it has collected in carrying out any power, duty or function assigned to the assignee under subsection (1) except for the purposes of this Act. 1996, c. 31, s. 4 (7).

Duty of Director

5. (1) It is the duty of the Director to enforce support orders where the support order and the related support deduction order, if any, are filed in the Director’s office and to pay the amounts collected to the person to whom they are owed. 1996, c. 31, s. 5 (1).

Transition

(2) Subject to subsection (4), a support order or support deduction order that is filed in the office of the Director of the Family Support Plan immediately before the day this section comes into force shall be deemed to be filed in the Director’s office on the day this section comes into force. 1996, c. 31, s. 5 (2).

Same

(3) If a support deduction order is filed in the office of the Director of the Family Support Plan immediately before the day this section comes into force and the related support order was never filed in his or her office before that day, it is the duty of the Director to enforce the support deduction order so long as it is filed in the Director’s office. 1996, c. 31, s. 5 (3).

Same

(4) If a support deduction order is filed in the office of the Director of the Family Support Plan immediately before the day this section comes into force and the related support order was withdrawn from his or her office before that day, either when the support order was made or later, the support deduction order shall be deemed to be withdrawn from the Director’s office on the day this section comes into force. 1996, c. 31, s. 5 (4).

Powers

6. (1) The Director shall carry out his or her duties in the manner, if any, that appears practical to the Director and, for the purpose, may commence and conduct a proceeding and take any steps in the Director’s name for the benefit of recipients, including,

(a) enforcing support deduction orders that are filed in the Director’s office, as provided by this Act;

(b) employing any other enforcement mechanisms expressly provided for in this Act;

(c) employing any other enforcement mechanisms not expressly provided for in this Act. 1996, c. 31, s. 6 (1).

Transition

(2) The Director may enforce the payment of arrears of support under a support order although they were incurred before the order was filed in the Director’s office or before July 2, 1987. 1996, c. 31, s. 6 (2).

Same

(3) The Director may enforce the payment of the arrears of support owed on the day this section comes into force under an order that,

(a) is not a support order as defined in subsection 1 (1) but was a support order within the meaning of the Family Support Plan Act, as it read immediately before its repeal by this Act; and

(b) is filed in the office of the Director of the Family Support Plan immediately before such repeal. 1996, c. 31, s. 6 (3).

Same

(4) For the purpose of subsection (3), an order described in that subsection shall be deemed to be a support order as defined in subsection 1 (1). 1996, c. 31, s. 6 (4).

Note: Subsection (5) comes into force on a day to be named by proclamation of the Lieutenant Governor. See: 1996, c. 31, s. 74.

Same

(5) The Director shall not enforce custody orders made by a Canadian court, even if they were filed with the Director before this section comes into force. 1996, c. 31, s. 6 (5).

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Enforcement alternatives

(6) Enforcement of a support order or support deduction order by one means does not prevent enforcement by other means at the same time or different times. 1996, c. 31, s. 6 (6).

Enforcement by Director exclusive

(7) Subject to section 4, no person other than the Director shall enforce a support order that is filed in the Director’s office. 1996, c. 31, s. 6 (7).

Same

(8) Subject to section 4, no person other than the Director shall enforce a support deduction order, whether the order is filed in the Director’s office or not. 1996, c. 31, s. 6 (8).

Director may refuse to enforce

7. (1) Despite section 5, the Director may at any time refuse to enforce a support order or support deduction order that is filed in the Director’s office if, in his or her opinion,

(a) the amount of the support is nominal;

(b) the amount of the support cannot be determined from the face of the order because it is expressed as a percentage of the payor’s income or it is dependent on another variable that does not appear on the order;

(c) the meaning of the order is unclear or ambiguous;

(d) the recipient has not complied with reasonable requests to provide the Director with accurate or sufficient information as may be needed in order to enforce the order or respecting the amount of arrears owed under the order;

(e) the whereabouts of the recipient cannot be determined after reasonable efforts have been made;

(f) the payor is in prison serving a sentence of five years or longer and has no assets or income available to satisfy the support order and any arrears under the order;

(g) the payor is receiving benefits under the Family Benefits Act, assistance under the General Welfare Assistance Act or the Ontario Works Act, 1997 or income support under the Ontario Disability Support Program Act, 1997 and has no assets or income available to satisfy the support order and any arrears under the order;

(h) the recipient repeatedly accepts payment of support directly from the payor;

(i) the recipient consents to a limitation of enforcement of the support order by the Director;

(j) enforcement of the support order has been stayed by a court; or

(k) enforcement of the order is otherwise unreasonable or impractical. 1996, c. 31, s. 7 (1); 1997, c. 25, Sched. E, s. 2 (1).

Policies and procedures

(2) The Attorney General may establish policies and procedures respecting subsection (1) and the Director shall consider them in exercising his or her discretion under that subsection. 1996, c. 31, s. 7 (2).

Order deemed withdrawn

(3) If the Director refuses to enforce an order under subsection (1), the Director shall notify the payor and the recipient and the support order and the related support deduction order, if any, shall be deemed to be withdrawn from the Director’s office on the date set out in the notice. 1996, c. 31, s. 7 (3).

Cost of living clauses

(4) The Director shall not enforce a cost of living clause in a support order or support deduction order made in Ontario unless it is calculated in accordance with subsection 34 (5) of the Family Law Act or in a manner prescribed by regulation. 1996, c. 31, s. 7 (4).

Same

(5) The Director shall not enforce a cost of living clause in a support order or a support deduction order if the support order was made outside Ontario unless it is calculated in a manner that the Director considers similar to that provided in subsection 34 (5) of the Family Law Act or in a manner prescribed by regulation. 1996, c. 31, s. 7 (5).

Same

(6) Where the cost of living clause in an order is not calculated in accordance with subsection 34 (5) of the Family Law Act or in a manner prescribed by regulation or, if the order was made outside Ontario, in a manner that the Director considers similar, the Director shall, subject to subsection (1), enforce the order as if it contained no cost of living clause. 1996, c. 31, s. 7 (6).

Transition

(7) Despite subsections (5) and (6), if an order contains a cost of living clause that is not calculated in accordance with subsection 34 (5) of the Family Law Act or in a manner prescribed by regulation or, if the order was made outside Ontario, in a manner that the Director considers similar, which became effective before this section came into force,

(a) the Director shall continue to enforce the order and the cost of living clause at the same amount at which the Director of the Family Support Plan was enforcing them immediately before this section came into force; and

(b) the Director shall not make any further adjustments under the cost of living clause after this section comes into force. 1996, c. 31, s. 7 (7).

Same

(8) This section applies even if the order was filed in the Director’s office before this section comes into force. 1996, c. 31, s. 7 (8).

Note: On a day to be named by proclamation of the Lieutenant Governor, the Act is amended by the Statutes of Ontario, 2005, chapter 16, section 2 by adding the following section:

Interest

7.1 (1) If the recipient under a support order is entitled to interest on arrears, the Director may add interest to the arrears and collect the interest in the same manner as the arrears. 2005, c. 16, s. 2.

Rate of interest and manner of calculation

(2) Interest added and collected under subsection (1) shall be calculated,

(a) by the Director, at the rate and in the manner prescribed by the regulations; or

(b) by the recipient, at the rate and in the manner required by the support order. 2005, c. 16, s. 2.

When interest begins to accrue

(3) Interest added and collected under subsection (1) begins to accrue on the latest of the following:

1. The date the support becomes payable.

2. The date the arrears become payable.

3. The date the support order or support deduction order is filed with the Director.

4. The day section 2 of the Family Responsibility and Support Arrears Enforcement Amendment Act, 2005 comes into force. 2005, c. 16, s. 2.

Exception

(4) No interest is payable on support that is paid within 30 days after the day on which it becomes payable. 2005, c. 16, s. 2.

Non-application of Courts of Justice Act, s. 129

(5) Section 129 of the Courts of Justice Act does not apply to interest calculated by the Director under clause (2) (a). 2005, c. 16, s. 2.

See: 2005, c. 16, ss. 2, 42 (2).

Director to cease enforcement

Termination of support obligation

8. (1) The Director shall cease enforcement of a support obligation provided for in a support order or support deduction order filed in the Director’s office if the support obligation has terminated. 2005, c. 16, s. 3.

Agency’s consent required

(2) Despite subsection (1), if the support order has been assigned to an agency described in subsection 33 (3) of the Family Law Act, the Director shall not cease enforcement without the agency’s consent. 2005, c. 16, s. 3.

Payor’s death

(3) The Director shall not enforce a support order or support deduction order against the estate of a payor after he or she is notified, in accordance with the regulations, of the payor’s death. 2005, c. 16, s. 3.

How termination is determined

(4) For the purpose of subsection (1), a support obligation is terminated if,

(a) the parties to the support order or support deduction order agree, in the manner prescribed by the regulations, that the support obligation has terminated;

(b) the support order or support deduction order states that the support obligation terminates on a set calendar date, and that date arrives; or

(c) a court orders that the obligation has terminated. 2005, c. 16, s. 3.

Notice to Director

(5) If a support order or related support deduction order is filed in the Director’s office, each party to the support order shall give the Director notice of the termination of a support obligation under the order, in the manner and at the time prescribed by the regulations. 2005, c. 16, s. 3.

Disputes

(6) If the parties to the support order do not agree or if the agency referred to in subsection (2) does not consent, the court that made the support order shall, on the motion of a party to the support order or of the agency,

(a) decide whether the support obligation has terminated; and

(b) make an order to that effect. 2005, c. 16, s. 3.

Same

(7) If the support order was not made by a court, the order described in subsection (6) shall be made by the Ontario Court of Justice or the Family Court. 2005, c. 16, s. 3.

Same

(8) If an issue as to whether the support obligation has terminated arises within an application between the parties, it is not necessary to make a separate motion under subsection (6). 2005, c. 16, s. 3.

Order to repay

(9) A court that finds that a support obligation has terminated may order repayment in whole or in part from a person who received support after the obligation was terminated if the court is of the opinion that the person ought to have notified the Director that the support obligation had terminated. 2005, c. 16, s. 3.

Same

(10) In determining whether to make an order under subsection (9), the court shall consider the circumstances of each of the parties to the support order. 2005, c. 16, s. 3.

Role of Director

(11) An order under subsection (9) is not a support order and shall not be enforced by the Director. 2005, c. 16, s. 3.

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Continued enforcement

(12) The Director shall continue to enforce the support obligation until he or she receives a copy of the court’s order terminating the support obligation. 2005, c. 16, s. 3.

Same

(13) Despite the termination of a support obligation, the Director shall continue to enforce the support obligation in respect of any arrears that have accrued. 2005, c. 16, s. 3.

Director not a party

(14) The Director is not a party to,

(a) a proceeding to determine a person’s entitlement to support under a support order; or

(b) a motion to decide whether a support obligation has terminated. 2005, c. 16, s. 3.

Director’s discretion

8.1 (1) Despite section 5, the Director has discretion to discontinue enforcement of a support order or support deduction order that is filed in the Director’s office if,

(a) the payor notifies the Director that the support obligation has terminated;

(b) the Director serves on the recipient a request to confirm or deny that the support obligation has terminated; and

(c) the recipient does not respond in writing within 20 days after being served. 2005, c. 16, s. 3.

Reinstatement

(2) If, after enforcement has been discontinued in accordance with subsection (1), the Director receives a written notice from the recipient denying that the support obligation has terminated, the Director may resume enforcement. 2005, c. 16, s. 3.

Discretion to enforce for lesser amount if child’s entitlement ceases

8.2 (1) If the conditions set out in subsection (2) are satisfied with respect to a support order or support deduction order, the Director may exercise discretion to enforce a lesser amount of support in accordance with the table set out in the applicable child support guidelines. 2005, c. 16, s. 3.

Conditions

(2) The conditions referred to in subsection (1) are:

1. The order was made in accordance with the table set out in the applicable child support guidelines.

2. It has been agreed under clause 8 (4) (a) that the support obligation under the order has terminated with respect to a child.

3. The support obligation under the order still continues with respect to another child.

4. The order states,

i. the number of children, and

ii. the total amount of support determined in accordance with the table. 2005, c. 16, s. 3.

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The rest can be found here:

http://www.e-laws.gov.on.ca/DBLaws/S...6f31_e.htm#BK0