Child Support Arrears - Revision history

Nate Russell at 20:51, 2 April 2025

2025-04-02T20:51:53Z

← Older revision		Revision as of 20:51, 2 April 2025
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	While it is possible to make collection or enforcement efforts on your own, this will cost money and time and possibly require you to hire a lawyer and bear that expense as well. Since any private collection efforts you might take may interfere with efforts being made by BCFMA, recipients enrolled with BCFMA are required to get the permission of the program's director before they take independent enforcement steps.		While it is possible to make collection or enforcement efforts on your own, this will cost money and time and possibly require you to hire a lawyer and bear that expense as well. Since any private collection efforts you might take may interfere with efforts being made by BCFMA, recipients enrolled with BCFMA are required to get the permission of the program's director before they take independent enforcement steps.

	You can find more information about enforcing orders at the website of the [https://www.justice.gc.ca/eng/fl-df/enforce-execution/index.html Department of Justice], which includes a helpful overview of support enforcement mechanisms in Canada.		You can find more information about enforcing orders at the website of the [https://www.justice.gc.ca/eng/fl-df/enforce-execution/index.html Department of Justice], which includes a helpful overview of support enforcement mechanisms in Canada. You can also read the sections on [[Enforcing Supreme Court Family Law Orders]] and [[Enforcing Provincial Court Family Law Orders]] in the litigation-related chapters.

	===Separation agreements===		===Separation agreements===

Nate Russell: Clicklaw directory link edit

2024-08-26T20:38:50Z

Clicklaw directory link edit

← Older revision		Revision as of 20:38, 26 August 2024
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	* Asia — Hong Kong and Republic of Singapore		* Asia — Hong Kong and Republic of Singapore

	See the [~~http~~://canlii.ca/t/84vn Interjurisdictional Support Orders Regulation] for the current list.		See the [https://canlii.ca/t/84vn Interjurisdictional Support Orders Regulation] for the current list.

	A similar process is also available under section 19.1 of the ''Divorce Act'', and the same countries that have agreements with British Columbia for the ''Interjurisdictional Support Orders Act'' also have agreements with Canada about the enforcement of child support orders.		A similar process is also available under section 19.1 of the ''Divorce Act'', and the same countries that have agreements with British Columbia for the ''Interjurisdictional Support Orders Act'' also have agreements with Canada about the enforcement of child support orders.
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	* ''[[Family Law Act]]''		* ''[[Family Law Act]]''
	* ''[[Divorce Act]]''		* ''[[Divorce Act]]''
	* ''[~~http~~://canlii.ca/t/84h5 Court Order Enforcement Act]''		* ''[https://canlii.ca/t/84h5 Court Order Enforcement Act]''
	* ''[~~http~~://canlii.ca/t/840m Family Maintenance Enforcement Act]''		* ''[https://canlii.ca/t/840m Family Maintenance Enforcement Act]''
	* [~~http~~://canlii.ca/t/8mcr Supreme Court Family Rules]		* [https://canlii.ca/t/8mcr Supreme Court Family Rules]
	* [~~http~~://canlii.ca/t/b8rn Provincial Court Family Rules]		* [https://canlii.ca/t/b8rn Provincial Court Family Rules]
	* ''[~~http~~://canlii.ca/t/84l3 Interjurisdictional Support Orders Act]''		* ''[https://canlii.ca/t/84l3 Interjurisdictional Support Orders Act]''
	* [~~http~~://canlii.ca/t/84vn Interjurisdictional Support Orders Regulation]		* [https://canlii.ca/t/84vn Interjurisdictional Support Orders Regulation]
	* [~~http~~://canlii.ca/t/80mh Child Support Guidelines]		* [https://canlii.ca/t/80mh Child Support Guidelines]

	===Links===		===Links===

	* [https://www.isoforms.bc.ca Ministry of Attorney General ~~Interjurisdictional Support Services] (BC reciprocals office)~~		* [https://www.isoforms.bc.ca/ Interjurisdictional Support Orders] from BC Ministry of Attorney General
	* [https://~~clicklaw~~.bc.ca/~~resource~~/~~4645~~ Legal Aid BC~~'s Family Law website's information page "Court orders"]~~		* [https://family.legalaid.bc.ca/bc-legal-system/court-orders Court Orders] from Legal Aid BC
	**See "Change an order or set aside an agreement made in BC"		* [https://family.legalaid.bc.ca/bc-legal-system/court-orders/change-order-or-set-aside-agreement-made-bc/when-can-you-change-order When can you change an order?] from Legal Aid BC
	* [https://www.bcfma.ca/ BC Family Maintenance Agency website] (formerly FMEP)		* [https://www.bcfma.ca/ BC Family Maintenance Agency website] (formerly FMEP)
	* [https~~://clicklaw.bc.ca/helpmap/service/1082 Clicklaw HelpMap: Family Maintenance Enforcement Program details]~~		* [https://www.justice.gc.ca/eng/fl-df/enforce-execution/index.html Helping with Family Obligations] from the Department of Justice
	* [http://www.justice.gc.ca/eng/fl-df/enforce-execution/index.html Department of Justice~~'s website "About support enforcement"]~~

Nate Russell at 20:31, 26 August 2024

2024-08-26T20:31:27Z

← Older revision		Revision as of 20:31, 26 August 2024
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	\|ChapterEditors = [[Bill Murphy-Dyson]] and [[Inga Phillips]]		\|ChapterEditors = [[Bill Murphy-Dyson]] and [[Inga Phillips]]
	}}		}}
	~~{{Clicklawbadge~~
	~~\| resourcetype = <br/>more resources on<br/>~~		When a person who is obliged to pay child support fails to pay all of the child support they are required to pay, a debt begins to accumulate. The debt owing is called the payor's ''arrears'' of child support.
	\| link = [https://www.clicklaw.bc.ca/global/search?k=child%20support child support]''' and<br/>'''[https://www.clicklaw.bc.ca/global/search?k=Family+Maintenance+Enforcement&f=Family+law Family Maintenance Enforcement]
	}}When a person who is obliged to pay child support fails to pay all of the child support they are required to pay, a debt begins to accumulate. The debt owing is called the payor's ''arrears'' of child support.

	People generally have two different goals when arrears begin to mount up. The person responsible for paying support, the ''payor'', likely wants the court to reduce or cancel the arrears, while the person receiving support, the ''recipient'', will want the court to force the payor to pay what's owing.		People generally have two different goals when arrears begin to mount up. The person responsible for paying support, the ''payor'', likely wants the court to reduce or cancel the arrears, while the person receiving support, the ''recipient'', will want the court to force the payor to pay what's owing.
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	<blockquote><tt>imprisonment of a person under this section does not discharge any duties of the person owing under an order.</tt></blockquote>		<blockquote><tt>imprisonment of a person under this section does not discharge any duties of the person owing under an order.</tt></blockquote>

	Since orders for support require the payment of money, arrears can also be enforced as a "judgment debt" under the provincial ''[~~http~~://canlii.ca/t/84h5 Court Order Enforcement Act]''. They can also be enforced under the ''[~~http~~://canlii.ca/t/840m Family Maintenance Enforcement Act]'', and section 3(1)(l) of the act says that there is no time limit within which child support arrears must be enforced.		Since orders for support require the payment of money, arrears can also be enforced as a "judgment debt" under the provincial ''[https://canlii.ca/t/84h5 Court Order Enforcement Act]''. They can also be enforced under the ''[https://canlii.ca/t/840m Family Maintenance Enforcement Act]'', and section 3(1)(l) of the act says that there is no time limit within which child support arrears must be enforced.

	Payors can apply for an order reducing arrears that have accumulated under both the ''[[Divorce Act]]'' and the ''Family Law Act''. Applications like these must be made under the same legislation under which the original child support order was made.		Payors can apply for an order reducing arrears that have accumulated under both the ''[[Divorce Act]]'' and the ''Family Law Act''. Applications like these must be made under the same legislation under which the original child support order was made.
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	Payors can apply under section 174 of the ''Family Law Act'' for an order reducing arrears that have accumulated under an agreement that has been filed in court just like they can for arrears accumulating under an order.		Payors can apply under section 174 of the ''Family Law Act'' for an order reducing arrears that have accumulated under an agreement that has been filed in court just like they can for arrears accumulating under an order.

	===The Family Maintenance ~~Enforcement Program~~===		===The BC Family Maintenance Agency===

	Although recipients can enforce agreements and orders for child support on their own, most of the time recipients will give that job to the [https://www.bcfma.ca/ BC Family Maintenance Agency], which has taken over the Family Maintenance Enforcement Program. BCFMA is the new name for FMEP, however the older name is still in common use. This is a provincial government program under the provincial ''[https://canlii.ca/t/840m Family Maintenance Enforcement Act]'' that tracks payments that are owing and those that are paid, calculates the interest owing on payments that are not made, and can impose fines when payments aren't made.		Although recipients can enforce agreements and orders for child support on their own, most of the time recipients will give that job to the [https://www.bcfma.ca/ BC Family Maintenance Agency], which has taken over the Family Maintenance Enforcement Program. BCFMA is the new name for FMEP, however the older name is still in common use. This is a provincial government program under the provincial ''[https://canlii.ca/t/840m Family Maintenance Enforcement Act]'' that tracks payments that are owing and those that are paid, calculates the interest owing on payments that are not made, and can impose fines when payments aren't made.
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	==Collecting arrears of support==		==Collecting arrears of support==
	~~{{LegalHelpGuidebadge~~		The collection of debts and enforcement of judgments occupies a whole course at law school and is not a simple matter. Fortunately, the BC Family Maintenance Agency was established to take on collection and enforcement of support orders or agreements. Someone who is entitled to receive child support or spousal support under an agreement or order can sign up with this program and the BCFMA will tend to the enforcement of the agreement or order without a great deal of further involvement on the part of the recipient.
	~~\| resourcetype = phone contacts for the~~
	~~\| link = [[Family Maintenance Enforcement Program\|Family Maintenance <br>Enforcement Program]]~~
	}}The collection of debts and enforcement of judgments occupies a whole course at law school and is not a simple matter. ~~The provincial government has, however, established an agency responsible for enforcing support obligations~~, the Family Maintenance ~~Enforcement Program~~. Someone who is entitled to receive child support or spousal support under an agreement or order can sign up with this program and the ~~program~~ will tend to the enforcement of the agreement or order without a great deal of further involvement on the part of the recipient.

	BCFMA is free for recipients. All you have to do is file your agreement or order with the program and fill out an application form. (Agreements about child support must be filed in court first.) BCFMA will take the matter from there, and the program is authorized by the ''[~~http~~://canlii.ca/t/840m Family Maintenance Enforcement Act]'' to take whatever legal steps may be required to enforce an ongoing support obligation, and track and collect on any unpaid support and the interest accumulating on any unpaid support.		BCFMA is free for recipients. All you have to do is file your agreement or order with the program and fill out an application form. (Agreements about child support must be filed in court first.) BCFMA will take the matter from there, and the program is authorized by the ''[https://canlii.ca/t/840m Family Maintenance Enforcement Act]'' to take whatever legal steps may be required to enforce an ongoing support obligation, and track and collect on any unpaid support and the interest accumulating on any unpaid support.

	The ''Family Maintenance Enforcement Act'' gives BCFMA a lot power to collect child support. The program can start and manage all of the court proceedings that can be undertaken by a private creditor, as well as some unique actions that the program alone can take. BCFMA can also:		The ''Family Maintenance Enforcement Act'' gives BCFMA a lot power to collect child support. The program can start and manage all of the court proceedings that can be undertaken by a private creditor, as well as some unique actions that the program alone can take. BCFMA can also:
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	*get an order for the payor's arrest.		*get an order for the payor's arrest.

	While it is possible to make collection or enforcement efforts on your own, this will cost money and time and possibly require you to hire a lawyer and bear that expense as well. Since any private collection efforts you might take may interfere with efforts being made by BCFMA , recipients enrolled with BCFMA are required to get the permission of the program's director before they take independent enforcement steps.		While it is possible to make collection or enforcement efforts on your own, this will cost money and time and possibly require you to hire a lawyer and bear that expense as well. Since any private collection efforts you might take may interfere with efforts being made by BCFMA, recipients enrolled with BCFMA are required to get the permission of the program's director before they take independent enforcement steps.

	You can find more information about enforcing orders ~~in the chapter [[Resolving Problems in Court]], in the section [[Enforcing Orders in Family Matters]]. You can also find more information~~ at the website of the [~~http~~://www.justice.gc.ca/eng/fl-df/enforce-execution/index.html Department of Justice], which includes a helpful overview of support enforcement mechanisms in Canada.		You can find more information about enforcing orders at the website of the [https://www.justice.gc.ca/eng/fl-df/enforce-execution/index.html Department of Justice], which includes a helpful overview of support enforcement mechanisms in Canada.

	===Separation agreements===		===Separation agreements===
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	Section 20(2) of the ''[[Divorce Act]]'' says that an order under the act has legal effect throughout Canada. Section 20(3) also says that such orders may be filed in the courts of any province and be enforced as if they were an order of the courts of that province. In other words, if your divorce order was made in New Brunswick and contains a term requiring that child support be paid, you can file that order in the Supreme Court of British Columbia and it will have the same effect and be enforceable here, just as if it were an order of the courts of British Columbia.		Section 20(2) of the ''[[Divorce Act]]'' says that an order under the act has legal effect throughout Canada. Section 20(3) also says that such orders may be filed in the courts of any province and be enforced as if they were an order of the courts of that province. In other words, if your divorce order was made in New Brunswick and contains a term requiring that child support be paid, you can file that order in the Supreme Court of British Columbia and it will have the same effect and be enforceable here, just as if it were an order of the courts of British Columbia.

	Child support orders that are made under the legislation of another province can be filed for enforcement in British Columbia under sections 17 and 18 of the ''[~~http~~://canlii.ca/t/84l3 Interjurisdictional Support Orders Act]''. In this process, the recipient provides a copy of the order to the ~~Reciprocals Office~~ in their province~~, which~~ then sends the order to ~~the~~ [http://www.isoforms.bc.ca British Columbia ~~Reciprocals Office]~~. ~~The Reciprocals Office here~~ then files the order ~~in court~~, ~~and, once filed~~ the order has the same effect as an order of the courts of British Columbia.		Child support orders that are made under the legislation of another province can be filed for enforcement in British Columbia under sections 17 and 18 of the ''[https://canlii.ca/t/84l3 Interjurisdictional Support Orders Act]''. In this process, the recipient provides a copy of the order that entitles them to receive support to the appropriate reciprocals office in their own province (the province where the court that issued the order is located). That office then sends the order to [http://www.isoforms.bc.ca Interjurisdictional Support Services (IJSS)], which is the reciprocals office here in British Columbia. IJSS then files the order here. Once filed, the order has the same effect as an order of the courts of British Columbia.

			Below is a list of the various reciprocals offices in Canada.

			::{\| width="65%" class="wikitable"
			!style="width: 25%"\|Province/Territory
			!style="width: 20%" align="center"\|Office Name
			!style="width: 20%" align="center"\|Website
			\|-
			\|align="center"\|British Columbia\|\|Interjurisdictional Support Services (IJSS)\|\|https://www.isoforms.bc.ca/
			\|-
			\|align="center"\|Alberta\|\|Maintenance Enforcement Program (MEP)\|\|https://www.alberta.ca/mep-payments-outside-alberta
			\|-
			\|align="center"\|Saskatchewan\|\|Inter-jurisdictional Support Orders (ISO) Unit \|\|https://www.saskatchewan.ca/residents/family-and-social-support/child-support/information-on-child-support
			\|-
			\|align="center"\|Manitoba\|\|Maintenance Enforcement Program (MEP)\|\|https://www.gov.mb.ca/justice/courts/mep/index.html
			\|-
			\|align="center"\|Ontario\|\|Family Responsibility Office (FRO)\|\|https://www.ontario.ca/page/child-and-spousal-support-when-one-person-lives-outside-ontario
			\|-
			\|align="center"\|Quebec\|\|Support-Payment Collection Program\|\|https://www.revenuquebec.ca/en/online-services/forms-and-publications/current-details/in-904-v/
			\|-
			\|align="center"\|New Brunswick\|\|Office of Support Enforcement (OSE)\|\|https://www2.gnb.ca/content/gnb/en/departments/public-safety/justice/content/fsos.html
			\|-
			\|align="center"\|Nova Scotia\|\|Maintenance Enforcement Program (MEP)\|\|https://mep.novascotia.ca/en/if-you-live-outside-nova-scotia-enrol
			\|-
			\|align="center"\|Prince Edward Island\|\|Maintenance Enforcement Program (MEP)\|\|https://www.princeedwardisland.ca/en/information/justice-and-public-safety/maintenance-enforcement-program-enrollment
			\|-
			\|align="center"\|Newfoundland and Labrador\|\|Support Enforcement Program\|\|http://nl.isoforms.ca/
			\|-
			\|align="center"\|Yukon\|\|Maintenance Enforcement Program (MEP)\|\|https://yukon.ca/en/maintenance-enforcement-program
			\|-
			\|align="center"\|Northwest Territories\|\|Maintenance Enforcement Program (MEP)\|\|https://www.justice.gov.nt.ca/en/boards-agencies/maintenance-enforcement-program/
			\|-
			\|align="center"\|Nunavut\|\|Family Support Program\|\|https://www.gov.nu.ca/en/justice-and-individual-protection/family-support-program
			\|}

	~~You can find more information about enforcing orders generally in the chapter [[Resolving Family Law Problems in Court]] under the section [[Enforcing Orders in Family Matters]].~~

	====Orders made outside of Canada====		====Orders made outside of Canada====

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Nate Russell at 21:54, 31 July 2019

2019-07-31T21:54:50Z

← Older revision		Revision as of 21:54, 31 July 2019
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	===Links===		===Links===

	* [http://www.isoforms.bc.ca ~~The British Columbia Reciprocals Office]~~		* [http://www.isoforms.bc.ca Ministry of Attorney General Interjurisdictional Support Services] (BC reciprocals office)
	* [https://clicklaw.bc.ca/resource/4653 Legal Services ~~Society's Family Law website's information page "Court orders"~~]
	**See "Change an order or set aside an agreement made in BC"
	* [https://clicklaw.bc.ca/resource/4653 Legal Services Society's Family Law website's information page "Court orders"]		* [https://clicklaw.bc.ca/resource/4653 Legal Services Society's Family Law website's information page "Court orders"]
	**See "Change an order or set aside an agreement made in BC" and "When can you change a final order?"		**See "Change an order or set aside an agreement made in BC" and "When can you change a final order?"
	* [http://www.fmep.gov.bc.ca/ Family Maintenance Enforcement Program website]		* [http://www.fmep.gov.bc.ca/ Family Maintenance Enforcement Program website]
	* [http://clicklaw.bc.ca/helpmap/service/1082 Clicklaw HelpMap: Family Maintenance Enforcement Program details]		* [http://clicklaw.bc.ca/helpmap/service/1082 Clicklaw HelpMap: Family Maintenance Enforcement Program details]
	* [http://www.justice.gc.ca/eng/fl-df/enforce-execution/index.html Department of Justice: About support enforcement]		* [http://www.justice.gc.ca/eng/fl-df/enforce-execution/index.html Department of Justice's website "About support enforcement"]

Nate Russell at 18:52, 30 July 2019

2019-07-30T18:52:27Z

Corinne Shortridge: /* Links */

2019-07-16T21:59:58Z

Links

← Older revision		Revision as of 21:59, 16 July 2019
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	* [http://www.isoforms.bc.ca The British Columbia Reciprocals Office]		* [http://www.isoforms.bc.ca The British Columbia Reciprocals Office]
	* [https://clicklaw.bc.ca/resource/4653 Legal Services Society's Family Law website's information page "~~Legal forms & documents~~"]		* [https://clicklaw.bc.ca/resource/4653 Legal Services Society's Family Law website's information page "Court orders"]
	**~~Under the section "Court orders" see~~ "Change an order or set aside an agreement made in BC"		**See "Change an order or set aside an agreement made in BC"
	* [https://clicklaw.bc.ca/resource/4653 Legal Services Society's Family Law website's information page "~~Legal forms & documents~~"]		* [https://clicklaw.bc.ca/resource/4653 Legal Services Society's Family Law website's information page "Court orders"]
	**~~Under the section "Court orders" see~~ "Change an order or set aside an agreement made in BC" and "When can you change a final order?"		**See "Change an order or set aside an agreement made in BC" and "When can you change a final order?"
	* [http://www.fmep.gov.bc.ca/ Family Maintenance Enforcement Program website]		* [http://www.fmep.gov.bc.ca/ Family Maintenance Enforcement Program website]
	* [http://clicklaw.bc.ca/helpmap/service/1082 Clicklaw HelpMap: Family Maintenance Enforcement Program details]		* [http://clicklaw.bc.ca/helpmap/service/1082 Clicklaw HelpMap: Family Maintenance Enforcement Program details]

Corinne Shortridge: /* Links */

2019-07-16T21:37:57Z

Links

← Older revision		Revision as of 21:37, 16 July 2019
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	* [http://www.isoforms.bc.ca The British Columbia Reciprocals Office]		* [http://www.isoforms.bc.ca The British Columbia Reciprocals Office]
	* [~~http~~://~~www.familylaw.lss~~.bc.ca/~~guides/change/cantAgree~~/~~index.php~~ Legal Services Society's Family Law in BC ~~website: How to change a family law order (Supreme Court and Provincial Court)]~~		* [https://clicklaw.bc.ca/resource/4653 Legal Services Society's Family Law website's information page "Legal forms & documents"]
	* [~~http~~://~~www.familylaw.lss~~.bc.ca/~~resources~~/~~fact_sheets/changingFinalOrder.php~~ Legal Services Society's Family Law in BC ~~website: Fact sheet on when~~ you ~~can~~ change a final order]		**Under the section "Court orders" see "Change an order or set aside an agreement made in BC"
			* [https://clicklaw.bc.ca/resource/4653 Legal Services Society's Family Law website's information page "Legal forms & documents"]
			**Under the section "Court orders" see "Change an order or set aside an agreement made in BC" and "When can you change a final order?"
	* [http://www.fmep.gov.bc.ca/ Family Maintenance Enforcement Program website]		* [http://www.fmep.gov.bc.ca/ Family Maintenance Enforcement Program website]
	* [http://clicklaw.bc.ca/helpmap/service/1082 Clicklaw HelpMap: Family Maintenance Enforcement Program details]		* [http://clicklaw.bc.ca/helpmap/service/1082 Clicklaw HelpMap: Family Maintenance Enforcement Program details]

← Older revision		Revision as of 22:06, 15 January 2024
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	===The Family Maintenance Enforcement Program===		===The Family Maintenance Enforcement Program===

	Although recipients can enforce agreements and orders for child support on their own, most of the time recipients will give that job to the [~~http~~://www.~~fmep.gov.bc~~.ca/ Family Maintenance Enforcement Program~~] (~~FMEP). This is a provincial government program under the provincial ''[~~http~~://canlii.ca/t/840m Family Maintenance Enforcement Act]'' that tracks payments that are owing and those that are paid, calculates the interest owing on payments that are not made, and can impose fines when payments aren't made.		Although recipients can enforce agreements and orders for child support on their own, most of the time recipients will give that job to the [https://www.bcfma.ca/ BC Family Maintenance Agency], which has taken over the Family Maintenance Enforcement Program. BCFMA is the new name for FMEP, however the older name is still in common use. This is a provincial government program under the provincial ''[https://canlii.ca/t/840m Family Maintenance Enforcement Act]'' that tracks payments that are owing and those that are paid, calculates the interest owing on payments that are not made, and can impose fines when payments aren't made.

	~~FMEP~~ is a free service for recipients. Its purpose is to enforce the payment of child support and children's special expenses and extraordinary expenses, although the enforcement of special expenses and extraordinary expenses through ~~FMEP~~ isn't exactly straightforward. You should contact ~~FMEP~~ to ask what they can or cannot do about enforcing agreements and orders about the payment of children's special expenses and extraordinary expenses.		BCFMA is a free service for recipients. Its purpose is to enforce the payment of child support and children's special expenses and extraordinary expenses, although the enforcement of special expenses and extraordinary expenses through BCFMA isn't exactly straightforward. You should contact BCFMA to ask what they can or cannot do about enforcing agreements and orders about the payment of children's special expenses and extraordinary expenses.

	It's important to know that ~~FMEP~~ can't change agreements and orders about child support. While it can make important, judge-like decisions about who is and isn't entitled to receive child support when children are 19 years old or older, ~~FMEP~~ can't increase or decrease the amount of a child support obligation and it can't reduce or cancel arrears of child support.		It's important to know that BCFMA can't change agreements and orders about child support. While it can make important, judge-like decisions about who is and isn't entitled to receive child support when children are 19 years old or older, BCFMA can't increase or decrease the amount of a child support obligation and it can't reduce or cancel arrears of child support.

	It's also important to know that payors who want to apply to court to reduce or cancel arrears of child support accumulating under an agreement or order that's been filed with ~~FMEP~~ must serve ~~FMEP~~, as well as the recipient, with their application. ~~FMEP~~ does not help recipients respond to applications to change support orders, set aside agreements, or reduce or cancel arrears. You'll have to do that on your own. But from the recipient's perspective, just having ~~FMEP~~ take over enforcement of the order or agreement can be a huge relief.		It's also important to know that payors who want to apply to court to reduce or cancel arrears of child support accumulating under an agreement or order that's been filed with BCFMA must serve BCFMA, as well as the recipient, with their application. BCFMA does not help recipients respond to applications to change support orders, set aside agreements, or reduce or cancel arrears. You'll have to do that on your own. But from the recipient's perspective, just having BCFMA take over enforcement of the order or agreement can be a huge relief.

	==Reducing and cancelling arrears==		==Reducing and cancelling arrears==
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	A similar section of the old ''Family Relations Act'', the law before the ''Family Law Act'', was described as a "complete code" regarding the reduction or cancellation of arrears under that act, meaning that the only ground on which a court could reduce or cancel arrears was "gross unfairness," as set out in section 96(2) of the old act. The courts have taken the same approach to section 174 of the ''Family Law Act''.		A similar section of the old ''Family Relations Act'', the law before the ''Family Law Act'', was described as a "complete code" regarding the reduction or cancellation of arrears under that act, meaning that the only ground on which a court could reduce or cancel arrears was "gross unfairness," as set out in section 96(2) of the old act. The courts have taken the same approach to section 174 of the ''Family Law Act''.

	The courts have interpreted "gross unfairness" under the ''Family Law Act'' to mean that the payor is not only incapable of repaying the arrears but is also unlikely to be able to repay them in the foreseeable future without suffering severe financial hardship. If you are asking the court to make an order reducing arrears, you must be prepared to prove that it would be not just "unfair," but ''grossly'' unfair for you to have to pay off the arrears. The leading case that describes the legal principles about cancelling arrears is a 1999 case called [https://canlii.ca/t/1d20m Earle v. Earle], in which the court said this:		The courts have interpreted "gross unfairness" under the ''Family Law Act'' to mean that the payor is not only incapable of repaying the arrears but is also unlikely to be able to repay them in the foreseeable future without suffering severe financial hardship. If you are asking the court to make an order reducing arrears, you must be prepared to prove that it would be not just "unfair," but ''grossly'' unfair for you to have to pay off the arrears. The leading case that describes the legal principles about cancelling arrears is a 1999 case called ''[https://canlii.ca/t/1d20m Earle v. Earle]'', 1999 CanLII 6914 (BC SC), in which the court said this:

	<blockquote><tt>"There is a heavy duty on the person asking for a reduction or a cancellation of arrears to show that there has been a significant and long lasting change in circumstances. Arrears will not be reduced or cancelled unless it is grossly unfair not to do so."</tt></blockquote>		<blockquote><tt>"There is a heavy duty on the person asking for a reduction or a cancellation of arrears to show that there has been a significant and long lasting change in circumstances. Arrears will not be reduced or cancelled unless it is grossly unfair not to do so."</tt></blockquote>
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	}}The collection of debts and enforcement of judgments occupies a whole course at law school and is not a simple matter. The provincial government has, however, established an agency responsible for enforcing support obligations, the Family Maintenance Enforcement Program. Someone who is entitled to receive child support or spousal support under an agreement or order can sign up with this program and the program will tend to the enforcement of the agreement or order without a great deal of further involvement on the part of the recipient.		}}The collection of debts and enforcement of judgments occupies a whole course at law school and is not a simple matter. The provincial government has, however, established an agency responsible for enforcing support obligations, the Family Maintenance Enforcement Program. Someone who is entitled to receive child support or spousal support under an agreement or order can sign up with this program and the program will tend to the enforcement of the agreement or order without a great deal of further involvement on the part of the recipient.

	~~FMEP~~ is free for recipients. All you have to do is file your agreement or order with the program and fill out an application form. (Agreements about child support must be filed in court first.) ~~FMEP~~ will take the matter from there, and the program is authorized by the ''[http://canlii.ca/t/840m Family Maintenance Enforcement Act]'' to take whatever legal steps may be required to enforce an ongoing support obligation, and track and collect on any unpaid support and the interest accumulating on any unpaid support.		BCFMA is free for recipients. All you have to do is file your agreement or order with the program and fill out an application form. (Agreements about child support must be filed in court first.) BCFMA will take the matter from there, and the program is authorized by the ''[http://canlii.ca/t/840m Family Maintenance Enforcement Act]'' to take whatever legal steps may be required to enforce an ongoing support obligation, and track and collect on any unpaid support and the interest accumulating on any unpaid support.

	The ''Family Maintenance Enforcement Act'' gives ~~FMEP~~ a lot power to collect child support. The program can start and manage all of the court proceedings that can be undertaken by a private creditor, as well as some unique actions that the program alone can take. ~~FMEP~~ can also:		The ''Family Maintenance Enforcement Act'' gives BCFMA a lot power to collect child support. The program can start and manage all of the court proceedings that can be undertaken by a private creditor, as well as some unique actions that the program alone can take. BCFMA can also:

	*garnish the payor's wages,		*garnish the payor's wages,
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	*get an order for the payor's arrest.		*get an order for the payor's arrest.

	While it is possible to make collection or enforcement efforts on your own, this will cost money and time and possibly require you to hire a lawyer and bear that expense as well. Since any private collection efforts you might take may interfere with efforts being made by ~~FMEP~~, recipients enrolled with ~~FMEP~~ are required to get the permission of the program's director before they take independent enforcement steps.		While it is possible to make collection or enforcement efforts on your own, this will cost money and time and possibly require you to hire a lawyer and bear that expense as well. Since any private collection efforts you might take may interfere with efforts being made by BCFMA , recipients enrolled with BCFMA are required to get the permission of the program's director before they take independent enforcement steps.

	You can find more information about enforcing orders in the chapter [[Resolving Problems in Court]], in the section [[Enforcing Orders in Family Matters]]. You can also find more information at the website of the [http://www.justice.gc.ca/eng/fl-df/enforce-execution/index.html Department of Justice], which includes a helpful overview of support enforcement mechanisms in Canada.		You can find more information about enforcing orders in the chapter [[Resolving Problems in Court]], in the section [[Enforcing Orders in Family Matters]]. You can also find more information at the website of the [http://www.justice.gc.ca/eng/fl-df/enforce-execution/index.html Department of Justice], which includes a helpful overview of support enforcement mechanisms in Canada.
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	Section 148(3) of the ''[[Family Law Act]]'' allows a party to an agreement, usually a separation agreement, to file the agreement in the Provincial Court or in the Supreme Court. An agreement that is filed in court can be enforced as if it were an order of the court. It is not necessary for a court proceeding to have been started before an agreement can be filed in court, nor is it necessary that the agreement be a British Columbia agreement.		Section 148(3) of the ''[[Family Law Act]]'' allows a party to an agreement, usually a separation agreement, to file the agreement in the Provincial Court or in the Supreme Court. An agreement that is filed in court can be enforced as if it were an order of the court. It is not necessary for a court proceeding to have been started before an agreement can be filed in court, nor is it necessary that the agreement be a British Columbia agreement.

	~~FMEP~~ will enforce agreements for support, however they require that the agreement be filed in court first, and sent to them, with the court's stamp, before they can enforce the agreement.		BCFMA will enforce agreements for support, however they require that the agreement be filed in court first, and sent to them, with the court's stamp, before they can enforce the agreement.

	You can find more information about enforcing agreements in the chapter [[Family Law Agreements]], in particular within the section [[Enforcing Family Law Agreements]].		You can find more information about enforcing agreements in the chapter [[Family Law Agreements]], in particular within the section [[Enforcing Family Law Agreements]].
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	===Links===		===Links===

	* [~~http~~://www.isoforms.bc.ca Ministry of Attorney General Interjurisdictional Support Services] (BC reciprocals office)		* [https://www.isoforms.bc.ca Ministry of Attorney General Interjurisdictional Support Services] (BC reciprocals office)
	* [https://clicklaw.bc.ca/resource/4645 Legal Aid BC's Family Law website's information page "Court orders"]		* [https://clicklaw.bc.ca/resource/4645 Legal Aid BC's Family Law website's information page "Court orders"]
	**See "Change an order or set aside an agreement made in BC"		**See "Change an order or set aside an agreement made in BC"
	* [~~http~~://www.~~fmep.gov.bc~~.ca/ Family Maintenance ~~Enforcement Program~~ website]		* [https://www.bcfma.ca/ BC Family Maintenance Agency website] (formerly FMEP)
	* [~~http~~://clicklaw.bc.ca/helpmap/service/1082 Clicklaw HelpMap: Family Maintenance Enforcement Program details]		* [https://clicklaw.bc.ca/helpmap/service/1082 Clicklaw HelpMap: Family Maintenance Enforcement Program details]
	* [http://www.justice.gc.ca/eng/fl-df/enforce-execution/index.html Department of Justice's website "About support enforcement"]		* [http://www.justice.gc.ca/eng/fl-df/enforce-execution/index.html Department of Justice's website "About support enforcement"]


	~~Last reviewed for legal accuracy by~~ [[~~JP Boyd~~]], 24 August 2022.		{{REVIEWED \| reviewer = [[Beatrice McCutcheon]], 24 August 2022}}

	{{JP Boyd on Family Law Navbox\|type=chapters}}		{{JP Boyd on Family Law Navbox\|type=chapters}}

← Older revision		Revision as of 20:33, 22 November 2022
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	}}When a person who is obliged to pay child support fails to pay all of the child support they are required to pay, a debt begins to accumulate. The debt owing is called the payor's ''arrears'' of child support.		}}When a person who is obliged to pay child support fails to pay all of the child support they are required to pay, a debt begins to accumulate. The debt owing is called the payor's ''arrears'' of child support.

	People generally have two different goals when arrears begin to mount up. The person responsible for paying support, the ''payor'', likely wants the court to reduce or cancel the arrears, while the person receiving ~~the~~ support, ~~while~~ the ''recipient'', will want the court to force the payor to pay what's owing.		People generally have two different goals when arrears begin to mount up. The person responsible for paying support, the ''payor'', likely wants the court to reduce or cancel the arrears, while the person receiving support, the ''recipient'', will want the court to force the payor to pay what's owing.

	This section provides an introduction to the problem of child support arrears. It also discusses the reduction and cancellation of arrears and how arrears are collected.		This section provides an introduction to the problem of child support arrears. It also discusses the reduction and cancellation of arrears and how arrears are collected.
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	Arrears that have accumulated under a separation agreement are owed because of the promises each party made to the other when they signed the agreement. A separation agreement is a contract that can be enforced in court, just like any other contract.		Arrears that have accumulated under a separation agreement are owed because of the promises each party made to the other when they signed the agreement. A separation agreement is a contract that can be enforced in court, just like any other contract.

	Agreements for support are most easily enforced by filing them in court. Once they are filed in court, agreements can be enforced ~~just like~~ they are court orders. (Although agreements can still be enforced under the law of contracts, it's a lot simpler to file them in court and take care of it that way.) Section 148(2) of the ''[[Family Law Act]]'' says:		Agreements for support are most easily enforced by filing them in court. Once they are filed in court, agreements can be enforced as if they are court orders. (Although agreements can still be enforced under the law of contracts, it's a lot simpler to file them in court and take care of it that way.) Section 148(2) of the ''[[Family Law Act]]'' says:

	<blockquote><tt>A written agreement respecting child support that is filed in the court is enforceable under this Act and the ''Family Maintenance Enforcement Act'' as if it were an order of the court.</tt></blockquote>		<blockquote><tt>A written agreement respecting child support that is filed in the court is enforceable under this Act and the ''Family Maintenance Enforcement Act'' as if it were an order of the court.</tt></blockquote>
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	==Reducing and cancelling arrears==		==Reducing and cancelling arrears==

	Payors may apply to court to have their arrears of child support cancelled or reduced. When arrears are ''cancelled'', the debt is wiped out and the payor no longer owes money to the ~~payor~~ for their past child support obligation and any obligation they may have to contribute to the cost of the children's special expenses and extraordinary expenses. When arrears are ''reduced'', there's still a debt owing to the recipient but the amount of the debt has been reduced to a smaller amount.		Payors may apply to court to have their arrears of child support cancelled or reduced. When arrears are ''cancelled'', the debt is wiped out and the payor no longer owes money to the recipient for their past child support obligation, and any obligation they may have to contribute to the cost of the children's special expenses and extraordinary expenses. When arrears are ''reduced'', there's still a debt owing to the recipient but the amount of the debt has been reduced to a smaller amount.

	===Arrears under the ''Divorce Act''===		===Arrears under the ''Divorce Act''===

	~~If you've read the section in this chapter on [[~~Making ~~Changes to Child Support]], you know that~~ an application to cancel or reduce arrears is much the same kind of application as an application to change a child support order where the ''[[Divorce Act]]'' is involved. Like applications to change a child support order, applications to reduce or cancel arrears are made under section 17 of the act.		Making an application to cancel or reduce arrears of child support is much the same kind of application as an application to change a child support order where the ''[[Divorce Act]]'' is involved. Like applications to change a child support order, applications to reduce or cancel arrears are made under section 17 of the act.

	Section 17 of the ''Divorce Act'' says this about varying orders for spousal support:		Section 17 of the ''Divorce Act'' says this about varying orders for spousal support:
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	*redirect federal and provincial payments owed to the payor, like GST or income tax rebates, to the recipient,		*redirect federal and provincial payments owed to the payor, like GST or income tax rebates, to the recipient,
	*prohibit a payor from renewing their driver's licence,		*prohibit a payor from renewing their driver's licence,
	*direct the federal government to refuse to issue a new passport to the payor or to suspend the payor's current passport,		*direct the federal government to refuse to issue a new passport to the payor or suspend the payor's current passport,
	*register a lien against personal property ~~and~~ real property owned by the payor, and		*register a lien against either personal property or real property, or both, owned by the payor, and
	*get an order for the payor's arrest.		*get an order for the payor's arrest.

	While it is possible to make collection or enforcement efforts on your own, this will cost money and time and possibly require you to hire a lawyer and bear that expense as well. Since any private collection efforts you might take may interfere with efforts being made by FMEP, recipients enrolled with FMEP are required to get the permission of the program's director before they take independent enforcement steps.		While it is possible to make collection or enforcement efforts on your own, this will cost money and time and possibly require you to hire a lawyer and bear that expense as well. Since any private collection efforts you might take may interfere with efforts being made by FMEP, recipients enrolled with FMEP are required to get the permission of the program's director before they take independent enforcement steps.

	You can find more information about enforcing orders in the chapter [[Resolving Problems in Court]] ~~within~~ the section [[Enforcing Orders in Family Matters]]. You can also find more information at the website of the [http://www.justice.gc.ca/eng/fl-df/enforce-execution/index.html Department of Justice], which includes a helpful overview of support enforcement mechanisms in Canada.		You can find more information about enforcing orders in the chapter [[Resolving Problems in Court]], in the section [[Enforcing Orders in Family Matters]]. You can also find more information at the website of the [http://www.justice.gc.ca/eng/fl-df/enforce-execution/index.html Department of Justice], which includes a helpful overview of support enforcement mechanisms in Canada.

	===Separation agreements===		===Separation agreements===
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	====Canadian child support orders====		====Canadian child support orders====

	Section 20(2) of the ''[[Divorce Act]]'' says that an order under the act has legal effect throughout Canada. Section 20(3) also says that such orders may be filed in the courts of any province and be enforced as if ~~there~~ were an order of the courts of that province. In other words, if your divorce order was made in New Brunswick and contains a term requiring that child support be paid, you can file that order in the Supreme Court of British Columbia and it will have the same effect and be enforceable here, just as if it were an order of the courts of British Columbia.		Section 20(2) of the ''[[Divorce Act]]'' says that an order under the act has legal effect throughout Canada. Section 20(3) also says that such orders may be filed in the courts of any province and be enforced as if they were an order of the courts of that province. In other words, if your divorce order was made in New Brunswick and contains a term requiring that child support be paid, you can file that order in the Supreme Court of British Columbia and it will have the same effect and be enforceable here, just as if it were an order of the courts of British Columbia.

	Child support orders that are made under the legislation of another province can be filed for enforcement in British Columbia under sections 17 and 18 of the ''[http://canlii.ca/t/84l3 Interjurisdictional Support Orders Act]''. In this process, the recipient provides a copy of the order to the Reciprocals Office in their province, which then sends the order to the [http://www.isoforms.bc.ca British Columbia Reciprocals Office]. The Reciprocals Office here then files the order in court, and, once filed the order has the same effect as an order of the courts of British Columbia.		Child support orders that are made under the legislation of another province can be filed for enforcement in British Columbia under sections 17 and 18 of the ''[http://canlii.ca/t/84l3 Interjurisdictional Support Orders Act]''. In this process, the recipient provides a copy of the order to the Reciprocals Office in their province, which then sends the order to the [http://www.isoforms.bc.ca British Columbia Reciprocals Office]. The Reciprocals Office here then files the order in court, and, once filed the order has the same effect as an order of the courts of British Columbia.
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	* United States of America — all of the United States, including the District of Columbia, Puerto Rico, Guam, American Samoa, and the US Virgin Islands		* United States of America — all of the United States, including the District of Columbia, Puerto Rico, Guam, American Samoa, and the US Virgin Islands
	* Pacific Ocean — Australia, Fiji, New Zealand (including the Cook Islands), Papua New Guinea		* Pacific Ocean — Australia, Fiji, New Zealand (including the Cook Islands), and Papua New Guinea
	* Europe — Austria, Czech Republic, Germany, Norway, Slovak Republic, Swiss Confederation, Gibraltar, United Kingdom of Great Britain and Northern Ireland		* Europe — Austria, Czech Republic, Germany, Norway, Slovak Republic, Swiss Confederation, Gibraltar, and United Kingdom of Great Britain and Northern Ireland
	* Caribbean — Barbados and its Dependencies		* Caribbean — Barbados and its Dependencies
	* Africa — South Africa, Zimbabwe		* Africa — South Africa and Zimbabwe
	* Asia — Hong Kong, Republic of Singapore		* Asia — Hong Kong and Republic of Singapore

	See the [http://canlii.ca/t/84vn Interjurisdictional Support Orders Regulation] for the current list.		See the [http://canlii.ca/t/84vn Interjurisdictional Support Orders Regulation] for the current list.

	~~The same sort of~~ process is also available under section 19.1 of the ''Divorce Act'', and the same countries that have agreements with British Columbia for the ''Interjurisdictional Support Orders Act'' also have agreements with Canada about the enforcement of child support orders.		A similar process is also available under section 19.1 of the ''Divorce Act'', and the same countries that have agreements with British Columbia for the ''Interjurisdictional Support Orders Act'' also have agreements with Canada about the enforcement of child support orders.

	==Resources and links==		==Resources and links==
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	Last reviewed for legal accuracy by [[JP Boyd]], ~~28 June~~ 2022.		Last reviewed for legal accuracy by [[JP Boyd]], 24 August 2022.

	{{JP Boyd on Family Law Navbox\|type=chapters}}		{{JP Boyd on Family Law Navbox\|type=chapters}}

← Older revision		Revision as of 18:52, 30 July 2019
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	*if nothing else will ensure the payor's compliance with the order, jail the payor for up to 30 days.		*if nothing else will ensure the payor's compliance with the order, jail the payor for up to 30 days.

	Unfortunately for people who would rather be jailed than pay, s. 231(3)(c) says that:		Unfortunately for people who would rather be jailed than pay, section 231(3)(c) says that:

	<blockquote><tt>imprisonment of a person under this section does not discharge any duties of the person owing under an order.</tt></blockquote>		<blockquote><tt>imprisonment of a person under this section does not discharge any duties of the person owing under an order.</tt></blockquote>

	Since orders for support require the payment of money, arrears can also be enforced as a judgment debt under the provincial ''[http://canlii.ca/t/84h5 Court Order Enforcement Act]'' and the ''[http://canlii.ca/t/840m Family Maintenance Enforcement Act]''. By s. 3(1)(l) of the Act, there is no limitation period for enforcement of child support arrears.		Since orders for support require the payment of money, arrears can also be enforced as a judgment debt under the provincial ''[http://canlii.ca/t/84h5 Court Order Enforcement Act]'' and the ''[http://canlii.ca/t/840m Family Maintenance Enforcement Act]''. By section 3(1)(l) of the Act, there is no limitation period for enforcement of child support arrears.

	Payors can apply for an order reducing arrears that have accumulated under a court order under both the ''[[Divorce Act]]'' and the ''[[Family Law Act]]''. Such applications must be made using the Act under which the support order was made.		Payors can apply for an order reducing arrears that have accumulated under a court order under both the ''[[Divorce Act]]'' and the ''[[Family Law Act]]''. Such applications must be made using the Act under which the support order was made.
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	<blockquote><tt>A written agreement respecting child support that is filed in the court is enforceable under this Act and the ''Family Maintenance Enforcement Act'' as if it were an order of the court.</tt></blockquote>		<blockquote><tt>A written agreement respecting child support that is filed in the court is enforceable under this Act and the ''Family Maintenance Enforcement Act'' as if it were an order of the court.</tt></blockquote>

	Payors can apply under s. 174 of the ''Family Law Act'' for an order reducing arrears that have accumulated under an agreement that has been filed in court just like they can for arrears accumulating under an order.		Payors can apply under section 174 of the ''Family Law Act'' for an order reducing arrears that have accumulated under an agreement that has been filed in court just like they can for arrears accumulating under an order.

	===The Family Maintenance Enforcement Program===		===The Family Maintenance Enforcement Program===
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	<blockquote><tt>(4) If a court cancels arrears under this section, the court may cancel interest that has accrued, under section 11.1 of the ''Family Maintenance Enforcement Act'', on the cancelled arrears if satisfied that it would be grossly unfair not to cancel the accrued interest.</tt></blockquote>		<blockquote><tt>(4) If a court cancels arrears under this section, the court may cancel interest that has accrued, under section 11.1 of the ''Family Maintenance Enforcement Act'', on the cancelled arrears if satisfied that it would be grossly unfair not to cancel the accrued interest.</tt></blockquote>

	A similar section of the old ''Family Relations Act'' was described as a "complete code" regarding the reduction or cancellation of arrears under that Act, meaning that the only ground on which a court could reduce or cancel arrears was "gross unfairness," as set out in s. 96(2). The courts will probably take the same approach to s. 174 of the ''[[Family Law Act]]''.		A similar section of the old ''Family Relations Act'' was described as a "complete code" regarding the reduction or cancellation of arrears under that Act, meaning that the only ground on which a court could reduce or cancel arrears was "gross unfairness," as set out in section 96(2). The courts will probably take the same approach to section 174 of the ''[[Family Law Act]]''.

	The courts have interpreted "gross unfairness" under the ''Family Relations Act'' to mean that the payor is not only incapable of repaying the arrears but is also unlikely to be able to repay them in the foreseeable future without suffering severe financial hardship.		The courts have interpreted "gross unfairness" under the ''Family Relations Act'' to mean that the payor is not only incapable of repaying the arrears but is also unlikely to be able to repay them in the foreseeable future without suffering severe financial hardship.

	If you are asking the court to make an order reducing arrears, you must be prepared to prove that it would be not just unfair, but grossly unfair for you to have to pay off the arrears, and you must be prepared to address the criteria set out in s. 174(2):		If you are asking the court to make an order reducing arrears, you must be prepared to prove that it would be not just unfair, but grossly unfair for you to have to pay off the arrears, and you must be prepared to address the criteria set out in section 174(2):

	*What efforts have you made to pay the child support you were required to pay?		*What efforts have you made to pay the child support you were required to pay?