FRO-005E (11/2003) Page 7 of 10
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:
I. percentage change in the payor’s or recipient’s income
AND
II. percentage change in the Consumer Price Index (CPI).
5. 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.