Form 20M Affidavit of Default of Payment

Who Needs Form 20M: Affidavit of Default of Payment?

Form 20M is for creditors, recipients, or claimants involved in Ontario family law cases who need to report that the other party has failed to make a payment ordered by the court. If you’re supposed to receive child support, spousal support, or another court-ordered payment—and the other party hasn’t paid—you’ll use this form to formally let the court know about the default (missed payment).

This form is typically used when you need to:

• Ask the court to take enforcement action, such as a wage garnishment or a payment order,
• Notify the Family Responsibility Office (FRO) or court that payments have been missed,
• Support your request for further legal steps to collect the money owed.

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What Is Form 20M: Affidavit of Default of Payment?

Form 20M is a sworn legal statement that confirms the details of the unpaid court-ordered payments. It helps the court and enforcement agencies understand:

• What payments were missed,
• When the payments were due,
• The total amount outstanding,
• Any actions you’ve taken to collect the money.

This form is a key part of the enforcement process for family law orders, making sure the court has the evidence it needs to take the next steps.

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Where Is This Affidavit Submitted?

Form 20M is usually filed with the Ontario Family Court. Once filed, it may also be shared with the Family Responsibility Office (FRO) or the other party’s lawyer, depending on how your case is being handled.

After you submit Form 20M, the court may schedule a hearing to decide on enforcement actions or issue an order to help you collect the unpaid amounts.

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Why You Need a Notarized Affidavit of Default

Form 20M is a legal affidavit, so it must be sworn or affirmed in front of a notary public, commissioner of oaths, or lawyer.

Notarizing the form confirms that:

• The information in your affidavit is true and accurate,
• You understand the legal importance of your statement,
• The court can rely on your affidavit to make enforcement decisions.

Without notarization, the court may not accept your affidavit, and the enforcement process could be delayed.

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How to Complete and Notarize Form 20M

Here’s a step-by-step guide to filling out Form 20M:

1. Enter your name, address, and role in the case (e.g., support recipient or claimant).
2. Provide the case details: court file number, names of the parties.
3. Describe the payment order: Include the date of the court order, the amount of each payment, and how often it’s due (e.g., weekly, monthly).
4. List the missed payments:
   • The dates when payments were due,
   • The amounts that were missed,
   • The total outstanding balance.
5. Attach supporting documents: copies of the court order, payment records, or bank statements.
6. Swear or affirm the affidavit in front of a notary, lawyer, or commissioner of oaths.
7. File the form with the court and provide copies to the other party and/or FRO if required.

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Final Note

Form 20M: Affidavit of Default of Payment is a crucial step in getting unpaid family law orders enforced in Ontario. It gives the court the facts it needs to take action, whether that’s garnishing wages, suspending licences, or issuing new orders.

By completing the form carefully, swearing it properly, and filing it on time, you help ensure your case moves forward and that you can recover the payments you’re owed.

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