What is the role of the employer/income source?

As an employer or income source, you have an important role under the Family Responsibility and Support Arrears Enforcement Act, 1996. You are helping:

• the many Ontario families who rely on court-ordered child and spousal support to receive payments, and
• the person who is paying support to keep their payment records in good standing.
  

If you have an employee who is required to pay support, we will send you a legal document called a Support Deduction Notice. The support deduction notice is issued when there is a court order or domestic contract filed with the court to pay child or spousal support.

You are legally required to deduct support payments from the employee's earnings and send them to our office.

How does an employer contact the Family Responsibility Office?

We have a Hot Line just for employers. For information about a case that you are making payments on, please call the Employer Hot Line number shown at the top of the support deduction notice.

This number is only for employers. Do not give it to your employee(s).

Why have I been sent a support deduction notice for an employee?

In Ontario, all court-ordered support payment agreements are filed with the Family Responsibility Office. If the person making the support payments is employed, we will issue a support deduction notice to the employer.

Issuing a support deduction notice to employers is a normal practice in the province and benefits the families and children of Ontario who receive court ordered support payments.

This is not punitive and it does not mean that the person is in debt or has money problems.

Must I keep this information confidential?

Yes. You are legally required to keep all support deduction information confidential and private. Details should only be shared with the employee, the Family Responsibility Office, and employees in your organization who make the support deductions and send in payments. Keep this information in a secure place.

As the employer, may I charge the employee a fee for making support deductions on their behalf?

No. The law also states that the employer cannot dismiss, discipline, punish or intimidate an employee for making support payment deductions.

How do I calculate the amount to deduct?

Follow each step on the support deduction notice to calculate the amount that you must deduct.

The support deduction notice that I just received indicates that the first payment is due in three days. What should I do?

After receiving a support deduction notice, you have up to 14 days to set up the deductions with your payroll system. On the first pay date after the initial 14 days, you are required to begin deducting from the employee's net pay.

The employee is responsible for sending support payments to the Family Responsibility Office in the period before support deductions are taken from their pay.

What should I do if an employee has more than one Support Deduction Notice or two or more separate cases?

Regardless of the number of support deduction notices a person might have, you may only deduct a maximum of 50% of their net income at any given time.

What should I do if I get a support deduction notice for an employee, but the employee already has a garnishment in place?

Please call our Employer Hotline number shown at the top of the support deduction notice for further direction.

Generally, with the exception of a federal garnishment, support deduction notices from us take priority over other debt, regardless of when the other garnishment was issued.

What should I do if the employee works irregular hours?

Keep deducting support payments and send them to the Family Responsibility Office even though the amounts might vary each pay period.

You may only deduct up to a maximum of 50% of the net income.

May I exclude vacation pay, bonuses and commissions?

No. Vacation pay, bonuses and commissions are considered part of the employee's regular income. Include them when calculating the employee's net income.

Do I include tips or gratuities?

No. Tips are not calculated as part of net income for family support deductions.

Do I include expenses that get reimbursed to the employee?

No. Reimbursed expenses are not included in the calculation of the employee's income.

Should I tell the employee I just received a support deduction notice?

Yes. Handle it in a confidential and respectful manner. The employee will also receive a copy of the support deduction notice.

What should I do if the employee owes arrears, but taking 50 per cent of their income will cause them hardship? What can I tell the employee to do?

Please have the employee call us at 1-800-267-4330. The employee may be able to negotiate a re-payment schedule. This is called a Voluntary Arrears Payment Schedule.

When we have reached an agreement with the employee, we will send you a new support deduction notice that outlines the amount to be deducted for arrears.

What do I do if the employee disputes the amount that I am deducting?

Do not take instructions from the employee or the employee's lawyer.

Tell the employee to contact us at 1-800-267-4330 if there are changes to be made. If changes are made, we will send you a new support deduction notice.

What should I do if the employee tells me to stop deductions because he/she doesn't owe any support payments?

As the employer, you are legally required to deduct and send support payments to us.

Do not take instructions from either the employee or the employee's lawyer.

Please continue to deduct and send support payments until we notify you to stop. You can also call the Employer Hotline number shown at the top of the support deduction notice for clarification.

What should I do if the employee's lawyer sends me a court order to stop deducting "forthwith"?

Please call our Employer Hotline number shown at the top of the support deduction notice and let us know what you have received.

Do not stop making support deductions unless we tell you to.

What should I do if the employee tells me he/she has declared bankruptcy?

Support payments are still due and you should continue to deduct them from the employee.

We will continue to enforce the support deduction notice. If you require more information, call the Employer Hotline number shown at the top of the support deduction notice.

What should I do if the employee's ex-spouse calls and questions me about their support deductions?

Please do NOT provide any information to the employee's ex-spouse, as this is a confidential matter.

As the employer, you are required by law to keep any information about any support deductions confidential.

This person should not be contacting you for any information. Ask this person to contact us at 1-800-267-4330.

What should I do if you send me a support deduction notice about someone who does not or no longer works for me?

Contact us within 10 days of getting the notice. Let us know that the person named in the support deduction notice does not work for you. You may choose to write this information directly on the notice that we sent to you and fax it to us at (416) 240-2401.

What should I do if the employee is laid off, terminated or unable to work due to injury?

Notify our office within 10 days of any change in the employee's status with your organization.

Please send us a letter indicating the:

• employee's name
• 7-digit Family Responsibility Office case number, and
• why you are not making support deductions.

Also, tell us if the employee is receiving short or long-term disability payments and give us the name of your organization's insurance carrier. Mail your letter to:

Family Responsibility Office
Ministry of Community and Social Services
P.O. Box 220
Toronto ON M3M 3A3

If you are enrolled with our Internet-based remittance service, Electronic Corporate Link to Internet Payment Services (ECLIPS), simply complete the on-line electronic employment change form to report an interruption in support deductions.

I use the Electronic Corporate Link to Internet Payment Service (ECLIPS) to send my payments to the Family Responsibility Office. I reported that an employee was terminated using the electronic employment changes form. Do I still have to send a paper letter as well?

No. When we collect your electronic notification, the information is placed into the case file and appropriate action is taken. You may, however, wish to print a copy of your completed electronic employment change form for your own records.

I terminated an employee and notified you by letter when I sent you the final cheque. Why am I still receiving notices from you?

Do not send letters or correspondence to the Family Responsibility Office's payment address.

Send your correspondence by mail or fax to:

Family Responsibility Office
Ministry of Community and Social Services
P.O. Box 220
Toronto ON M3M 3A3
Fax: (416) 240-2401

Learn More Read our Fact Sheet: Information for Employers/Income Sources This fact sheet is also available in other languages.