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Spousal Support

How do you enforce a support order that isn't being paid?

A support order is enforceable, and you generally don't have to chase it alone. Both the US and Canada have dedicated enforcement bodies with substantial powers — including wage garnishment, intercepting tax refunds, and in some cases suspending licences. Keep paying your own obligations while you pursue enforcement.

What to do next

  1. Document the arrears precisely

    Record what was owed, what was paid, and the dates. A clear, dated payment history is the foundation of any enforcement step.

  2. Use the enforcement service

    Support enforcement programs exist in US states and Canadian provinces (for example Ontario's Family Responsibility Office, or Quebec's collection service through Revenu Québec) and can garnish wages and intercept payments without you going to court yourself.

  3. Get legal advice if it continues

    Where non-payment persists or the payer's income has genuinely changed, a family lawyer can advise on enforcement in court or on a variation application — and on the risks of doing nothing.

Frequently asked questions

Can I stop parenting time because support isn't paid?

No. Support and parenting time are separate obligations. Withholding a child's time with a parent can put you in breach of your own order.

What powers do enforcement agencies have?

Typically wage garnishment, bank and tax-refund interception, credit reporting, and in some jurisdictions licence suspension. Powers vary by state and province.

What if my ex genuinely can't pay?

A material change in income can justify varying the order — but that requires an application, not simply stopping payment. Arrears generally continue to accrue until varied.

Do arrears expire?

Support arrears are treated seriously and are often enforceable long after they accrue, though limitation rules vary. Get advice rather than assuming they've lapsed.

This is general information, not legal advice. Laws vary by location and every situation is different — speak with a qualified lawyer about your specific circumstances.

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