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Instructions for Recipients of Family Support


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Family Responsibility Office


Instructions for Recipients of Family Support

This filing package includes forms to be completed and returned to the Family Responsibility Office as soon as possible. The Family Responsibility Office requires this information to begin the enforcement process to collect support payments on your behalf.



  1. Support Filing Form

It is important that you provide the requested information about your support provisions and where we can contact you by mail and telephone.

If you are not already filed with the Family Responsibility Office or if your order or agreement was previously withdrawn from the Family Responsibility Office, you must complete this form and attach a copy of your Order or Agreement.



NOTE: if you are filing a Marriage Contract, Separation Agreement, Cohabitation Agreement or Paternity Agreement, please provide a stamped copy showing that it has been filed with the Ontario Court Court of Justice or the Supreme Court of Justice Family Court. A sworn “Affidavit for Filing of Domestic Contract or Paternity Agreement” must also be attached.

YOU MUST SIGN THE SUPPORT FILING FORM AT THE BOTTOM WHERE SHOWN.

  1. Registration for Direct Deposit Form

Completion of this form authorizes the Family Responsibility Office to deposit payments collected directly to the bank of your choice. Funds are received faster when payments are directly deposited.

  1. Payor Information Form

Please answer all the questions as completely as possible and return it to our office. If you cannot answer a question, write “DO NOT KNOW” so that we know you saw the question but did not have the information at the time. If there is not enough space provided, please attach a separate sheet of paper.

  1. Statement of Arrears Form

This form must be completed in order for the Family Responsibility Office to begin collecting the arrears you are owed. Please note Cost of Living Adjustment (COLA) changes. A copy of this form will be provided to the support payor and this form becomes a court document if we take action to enforce support payments. It must therefore be signed in the presence of a Commissioner of Oaths, Justice of the Peace or Notary Public.




Check List

 Support Filing Form (Form must be signed)

 Registration for Direct Deposit (Section “B” must be completed OR void cheque attached)

 Payor Information Form (Provide as much information as possible)

 Statement of Arrears (Form must be signed and your signature witnessed)





Ministry of Community

and Social Services



Family Responsibility Office

P.O. Box 220

Downsview ON M3M 3A3

Support Filing Form

Language Preferred:  English  French

Case Number


Last Name

First Name

Middle Initial

Address: Street Number and Name / Apartment Number

Lot, Concession or Township

City / Town

Province

Postal Code

Home Telephone Number

Area code ( ) _________________



Date of Birth:

Day / Month / Year ______ / ________ / _______



Social Insurance Number

___________ - ___________ - ___________



Employer:

Work Telephone Number

Area code ( ) _________________



Last Name of Person Owing Support

First Name

Middle Initial

My Support Provisions are contained in a (check one)

 Court Order  Separation Agreement  Marriage Contract

 Cohabitation Agreement  Paternity Agreement Date ________ / ________ / ________



Day Month Year

(Agreement / Contract must be filed with the Ontario Court of Justice or Superior Court of Justice Family Court)

Are you claiming spousal support for yourself?  Yes  No

Are you claiming support for the child(ren) named in the order / agreement?  Yes  No

If yes, list the name(s) of the child(ren) you are claiming support for (use additional sheet if required)

Last Name, First Name, Initial(s)

Date of Birth

Day / Month / Year

Sex







 Male  Female







 Male  Female







 Male  Female







 Male  Female

Do you currently receive or have you applied for  Family Benefits  General Welfare  No

Do you have another case filed with the Family Responsibility Office? If yes, please provide the name that the case is filed under and the case number.

Name case is filed under

Case Number

You must sign this form in order for the Family Responsibility Office to enforce the support terms of your order/

agreement / contract.











Signature




Date



Ministry of Community

and Social Services



Family Responsibility Office

P.O. Box 220

Downsview ON M3M 3A3

Registration for

Direct Deposit

Case Number


When the Family Responsibility Office receives a support payment that is owed to you, these funds will be sent by DIRECT DEPOSIT to the bank of your choice. To ensure that you receive your money quickly, the following information must be provided. Incorrect information could result in your payment being sent to the wrong account.

Instructions

If you wish to have your support payments deposited into your CHEQUING ACCOUNT, COMPLETE SECTION ‘A’ and ATTACH A BLANK PERSONAL CHEQUE with ‘VOID’ written on it.

If, however, you wish to designate your SAVINGS ACCOUNT, complete SECTION “A”, take this form to your bank and ask them to complete SECTION “B” – Banking Data.

DO NOT FORGET TO SIGN THE BOTTOM OF THE FORM AUTHORIZING THE DIRECT DEPOSIT SERVICE

Important notes about changing bank accounts

If your account number changed, or if you wish to have your support payments deposited to a different account, you must complete a new DIRECT DEPOSIT FORM and return it to the Family Responsibility Office. After the changes have been processed, your support payments will be sent to your new account. DO NOT CLOSE YOUR OLD ACCOUNT UNTIL YOU RECEIVE YOUR FIRST PAYMENT TO THE NEW ACCOUNT.



SECTION “A” – Support Recipient Information PLEASE PRINT CLEARLY

Last Name

First Name

Middle Initial

Address: Street Number and Name / Apartment Number

Lot, Concession or Township

City / Town

Province

Postal Code

Telephone number where you can be reached during the day

Area Code ( )



NOTE: If attaching a VOID cheque, please tape the cheque over the Banking Information in Section “B”

SECTION “B” – Banking Information To be completed by your bank if you are not attaching a VOID Cheque

Branch Number

Institution Number

Account number

Name of Financial Institution

Place Bank Stamp

Branch

Branch Address

Bank Official’s Signature and Position

Date

Until further notice, I authorize the direct deposit of my support payments to the account and financial institution

designated in this form.












Signature of Recipient




Date



Ministry of Community

and Social Services



Family Responsibility Office

P.O. Box 220

Downsview ON M3M 3A3

Payor Information Form

Information for Recipient to Complete

Page 1 of 3

Case Number


Payor’s Last Name

Payor’s First Name

Initial

 Male  Female

Payor’s Address: Street Number and Name / Apartment Number

Lot, Concession or Township

City / Town

Province

Postal Code

Home Telephone Number

Area code ( ) _________________



Payor’s Previous Address: Street Number and Name / Apartment Number

Lot, Concession or Township

City / Town

Province

Postal Code

Payor lived at this address

from________ / ________ / ________ to ________ / ________ / ________

Day Month Year Day Month Year


Does Payor use any other name(s)? If so, what name(s)?

Does the Payor have a Driver’s Licence?

 Yes  No  Unknown



If Payor has Driver’s Licence,

Licence Number__________________ Prov. ____________



Social Insurance Number (This may be found on payor’s tax return or your tax return

___________ - ___________ - ___________



Payor’s Date of Birth:

Day / Month / Year ______ / ________ / _______



Payor’s mother’s name before marriage

Payor’s Health Insurance Number

Payor’s Marital Status:

 Single  Married  Divorced  Separated  Cohabiting



Income Information

Indicate if Payor self-employed:

 Yes  No If yes, give details of employment________________________________________________

(e.g. Sole Owner, Partner, Family Business)


Payor’s Current Employer / Income Source

Payor’s Position

Date Started:

Day / Month / Year ______ / ________ / _______



Employer’s Address: Street Number and Name

Unit/Suite Number

City / Town

Province

Postal Code

Employer’s Telephone Number

Area code ( )



Payor’s Previous Employer / Income Source

Payor’s Position

Date Started:

Day / Month / Year ______ / ________ / _______



Employer’s Address: Street Number and Name

Unit/Suite Number

City / Town

Province

Postal Code

Employer’s Telephone Number

Area code ( )











Payor Information Form

Information for Recipient to Complete

Page 2 of 3

Property Information

Case Number


Does the payor own / lease / rent a car, truck, boat, snowmobile, farm equipment or recreational vehicle?

1.

Vehicle Type

Model

Year

Colour

Licence Plate number

Serial number

 Rent  Own Lease

2.

Vehicle Type

Model

Year

Colour

Licence Plate number

Serial number

 Rent  Own Lease

Does the Payor own (alone or jointly with another person / company) a house, cottage, farm, land, apartment building, office or investment property either in or outside of Canada?

1.

Type of Property

Address: Street Number and Name / Apartment Number

Lot, Concession or Township

City / Town

Province

Postal Code

What is / are the name(s) of the person(s) / company who also own this property?

2.

Type of Property

Address: Street Number and Name / Apartment Number

Lot, Concession or Township

City / Town

Province

Postal Code

What is / are the name(s) of the person(s) / company who also own this property?

Please attach additional information on a separate sheet of paper.

Other Information

Do you have the name and addresses of any of the payor’s relatives or friends who may help us locate the payor if required?

1.

Name

Relationship to Payor

Address: Street Number & Name / Apartment Number / City / Province / Postal Code

Telephone Number

Area code ( )



2.

Name

Relationship to Payor

Address: Street Number & Name / Apartment Number / City / Province / Postal Code

Telephone Number

Area code ( )



Does the Payor belong to any professional or community groups, associations, clubs, unions that may help us to locate the payor, if required? (Provide name of organization, address and telephone number if possible.)


















Payor Information Form

Information for Recipient to Complete

Page 3 of 3

Case Number


Does the Payor have other sources of income? (e.g. Workers’ Compensation, Employment Insurance Benefit, Disability Insurance, Pension Income). If YES, provide as much detail as possible, including claim numbers if known.










Please attach additional information (e.g. Business cards, business contacts), on separate sheet of paper.

Does Payor frequently travel outside of Canada?

If yes, for  Business  Pleasure Passport Number ______________________________________



Does Payor have any Federal Licences? (e.g. Pilot Licence, Transport Licence)

Type of Licence:_________________________________________ Licence Number ___________________________________



Physical Description of Payor (This information is required if we need to serve the Payor with Court Documents.)

If possible, include a current photograph of the payor. Please attach the photograph to a separate sheet of paper and write the payor’s name, date the photograph was taken and your case number.

Height

Weight

Build

Eye Colour

Eye Glasses

 Yes  No



Hair Colour

Skin Colour

Distinguishing Marks or Features (eg. Tattoos)

Financial Information

Does the Payor have any Credit Cards?

Card Type

Account Number

Card Type

Account Number

Where does the Payor Bank?

1.

Name of Financial Institution

Account Number

Address

2.

Name of Financial Institution

Account Number

Address

List any other assets you are aware of. (e.g. Stocks, Bonds, Term Deposits, Life Insurance, Investment Certificates, RRSP)

If you require more space, please attach a separate sheet of paper

Type of Asset

Location

Account / Policy /

Serial Number















































Family Responsibility Office


Statement of Arrears

Instructions

  1. Complete the Statement of Arrears form in pen only, if any support payments are owing to you at this time. The Family Responsibility Office will begin the process of collecting these missed support payments (called “arrears”) for you. A copy of this form will be provided to the support payor and this form becomes a court document if we take action to enforce support payments. It must be signed in front of a Commissioner of Oaths, Justice of the Peace or Notary Public. A Commissioner is available at all court offices, community legal clinics and municipal or township offices. A Commissioner is also available at most law offices.

  2. To complete the calculations on the Statement of Arrears form write the date on which you were supposed to receive a support payment, starting with the first payment missed. The due dates for payment are found in your support order / agreement. If there is no due date, use the date of the order / agreement itself to calculate dates payments are due. Then indicate if the payment was missed completely or if it was paid in part. List every support payment due after that, indicating if the payment was missed or paid in part or in full. You must use a separate line for each payment. If you need more room, fill in “Schedule A” and attach it to the Statement of Arrears. We will try to collect the total amount of arrears you claim are owing to you on this form.

  3. If the arrears you are claiming include interest, please note that the Family Responsibility Office will only take enforcement action on interest that has accrued as a result of the support payor’s failure to comply with the support order. Where funds are being remitted to the Family Responsibility Office pursuant to a support deduction order or garnishment, the support payor has no control over the schedule of payments by the income source or garnishee and, therefore, the Family Responsibility Office will not enforce any interest owing for delays in the receipt of support payments. To claim interest, please see Instructions for Completing Interest Calculations.

  4. Some support orders and agreements say that support payments must be changed on a regular basis to reflect changes in the cost of living over the previous year. These provisions are called Cost of Living Adjustment clauses (COLA). A COLA clause provides for the increase or decrease in the amount of support payments. In order to be enforced by the Family Responsibility Office, support orders that contain a cost of living adjustment clause must follow either the standard formula set out in Section 34(5) of the Ontario Family Law Act or Ontario Regulation 176/98.

Under the Family Law Act, the COLA is increased annually on the support order’s anniversary date by the indexing factor for November of the previous year. The indexing factor for a given month is the percentage change in the Consumer Price Index for Canada for prices for all items since the same month of the previous year, as published by Statistics Canada.

Under Regulation 176/98, the following COLA clauses will be enforced by the Family Responsibility Office:



  • clauses which apply cost of living adjustments derived from any part of the Consumer Price Index (CPI);

  • clauses which contain a calculation applying a specific rate of increase or decrease in support order or support deduction order;

  • clauses made in accordance with methods specified in Quebec legislation dealing with cost of living adjustments in support orders;

  • clauses which contain a calculation by applying the greater or lesser of:

  1. percentage change in the payor’s or recipient’s income

AND

  1. percentage change in the Consumer Price Index (CPI).

  1. If the arrears you are claiming are not for regular on-going support, but are for expenses, please note:

  • Depending on the terms of your Order or Agreement, these types of expenses may or may not be enforceable by the Family Responsibility Office.

  • If the Order / Agreement doesn’t include a clear requirement to pay or reimburse these expenses, they are likely not enforceable. If the expenses are enforceable, the Family Responsibility Office requires a sworn Statement of Arrears, including the receipts.











Family Responsibility Office


Instructions for Completing Interest Calculations

Please note that the Family Responsibility Office will not take enforcement action on interest that has accrued as a result of the support payor’s failure to comply with the support order. Where funds are being remitted to the Family Responsibility Office pursuant to a support deduction order or garnishment, the support payor has no control over the schedule of payments by the income source or garnishee and, therefore, the Office will not enforce any interest owing for delays in the receipt of support payments.

When determining the amount of interest owed to you, you should know the following:


  1. If your Ontario support order is dated after June 21, 1979, the interest rate must be stated in the order. For Ontario orders made before June 22, 1979, the rate of interest is five percent (5%) and does not have to be stated in the order.

  2. Prior to January 1, 1985, the Provincial Court (Family Division) could not award interest.

  3. Under the Courts of Justice Act, interest accruing on a debt is simple interest and not compound interest.

  4. Where the court provides that support be paid on a periodic basis (e.g. $500.00 / month), each payment in default will bear interest from the date that the payment was due. Therefore, the interest owing for each missed support payment must be calculated separately.

  5. Interest can be calculated by using the following formula:

Principal x Interest Rate x Number of Days the Payment is in Arrears

365 days

Where


The principal is the outstanding individual support payment.

The Interest Rate, established by the Courts of Justice Act or its predecessor, is the rate that was in effect on the

date that the court made the support order.

Example


On January 27, 1992 the court made an order for support in the amount of $500.00 / month. The support payor has failed to make support payments for the months of July and September, 1992. The prescribed rate of interest for the first quarter of 1992 is 9%. As of October 1, 1992, the accrued interest is calculated as follows:

Interest on July’s payment is: 500 x 9% x 92 = $11.34

365

Interest on September’s payment is: 500 x 9% x 30 = $3.70



365

Total Interest = $11.34 + $3.70 = $15.04





Ministry of Community

and Social Services



Family Responsibility Office

P.O. Box 220



Downsview ON M3M 3A3

Statement of Arrears

Case Number


Support Recipient’s Name

Payor’s Name

  1. I am the support recipient under the following:

Order
















Date of Order




Court




Court File Number

Agreement filed with the Court
















Date of Agreement




Court Agreement Filed With




Court File Number

  1. The following amounts due under the order / agreement have not been paid. (If you need more space, complete “Schedule A”.)

Check if applicable.  See “Schedule A” attached

Date Payment Due

Day/Month/Year

Amount Due

Date Paid

Day/Month/Year

Amount Paid

Arrears

























































































































If you are entitled to interest on your support, you must calculate the interest amount. Attach a copy of your calculations.

If you are entitled to a COLA adjustment to your support, you must include the adjustment in the amount due. Attach a copy of your calculations.



Total Arrears

$ (a)




Total Interest to date (if any)

$ (b)

Applicable interest rate used _________ %

My arrears as at _______________TOTAL

$ (c)




Date

(Add A and B)




You must sign this form in the presence of a lawyer, justice of the peace, notary public or commissioner for taking affidavits

Sworn before me at the




of




in




the




of







this




day of




, 20
















Signature of a commissioner, etc.




Signature of Support Recipient



Ministry of Community and Social Services

Family Responsibility Office

P.O. Box 220



Downsview ON M3M 3A3

Schedule “A”

To Statement of Arrears Form

Case Number





Date Payment Due

Day/Month/Year

Amount Due

Date Paid

Day/Month/Year

Amount Paid

Arrears









































































































































































































































































































































































Enter amount onto Statement of Arrears Form.

FRO-005E (11/2003) © Queen’s Printer for Ontario, 2008 Page of




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