My Ex Is Not Paying Child Support - Revision history

Desy Wahyuni: Desy moved page My ex is not paying child support to My Ex Is Not Paying Child Support

2017-05-02T04:32:20Z

Desy moved page My ex is not paying child support to My Ex Is Not Paying Child Support

← Older revision		Revision as of 04:32, 2 May 2017
(No difference)

Nate Russell: /* What happens next */

2017-04-18T23:39:00Z

What happens next

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	=== What happens next ===		=== What happens next ===
	Once you have filed an Application to Obtain an Order asking for child support and had it served on the other parent (who is now called the ''respondent''), the respondent <span class="noglossary">will</span> be required to file a Reply and a Financial Statement (or a ''statement of finances'' for FMEP matters). A date <span class="noglossary">will</span> be set for a hearing by the Family Court registry.		Once you have filed an Application to Obtain an Order asking for child support and had it served on the other parent (who is now called the ''respondent''), the respondent <span class="noglossary">will</span> be required to file a Reply and a Financial Statement (or a ''statement of finances'' for FMEP matters). A date <span class="noglossary">will</span> be set for a hearing by the Family Court registry. Check with the Registry, as some of them will have additional steps called ''Rule 5'' you must take before they set a hearing date.

	If the ~~other party~~ doesn't file a Reply or Financial Statement, the judge may order him or her to do so or accept your evidence of what he or she is earning, without your ex's participation.		If the respondent doesn't file a Reply or Financial Statement, the judge may order him or her to do so or accept your evidence of what he or she is earning, without your ex's participation. You may have to ask the Registry for a hearing date if no Reply is filed.

	== Where to get help ==		== Where to get help ==

Nate Russell: /* First steps */

2017-04-18T23:16:18Z

First steps

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	#You may wish to <span class="noglossary">contact</span> a [[Family Justice Centres\|Family Justice Centre]]. Counsellors at Family Justice Centres can provide information, mediation and assistance with applications involving child or spousal support in Family Court.		#You may wish to <span class="noglossary">contact</span> a [[Family Justice Centres\|Family Justice Centre]]. Counsellors at Family Justice Centres can provide information, mediation and assistance with applications involving child or spousal support in Family Court.
	#Self-help information is available online at the [[Family Law in BC]] website. Click on "Self-help guides" under the "Shortcuts" option, then scroll down to "Family orders". There is a guide for situations where the parents agree on what an order should say, and those where they have not agreed.		#Self-help information is available online at the [[Family Law in BC]] website. Click on "Self-help guides" under the "Shortcuts" option, then scroll down to "Family orders". There is a guide for situations where the parents agree on what an order should say, and those where they have not agreed.
	#To apply for child support in Family Court, complete an [http://www2.gov.bc.ca/assets/gov/law-crime-and-justice/courthouse-services/court-files-records/court-forms/family/pfa003.pdf Application to Obtain an Order (PCFR Form 1)]. You can get an Application to Obtain an Order online or from any Provincial Court registry. If ~~you feel~~ the situation is urgent, you may ask that the order be "without notice," meaning that the court <span class="noglossary">will</span> make its order without your ex-partner having a chance to be heard or being notified in <span class="noglossary">advance</span>. ''Without notice orders'' are very unusual and always interim, meaning short-term. The other person <span class="noglossary">will</span> eventually get to speak to the judge before a final order is made~~. If possible, include what the person earns in the space provided in your Application to Obtain and Order~~.		#To apply for child support in Family Court, complete an [http://www2.gov.bc.ca/assets/gov/law-crime-and-justice/courthouse-services/court-files-records/court-forms/family/pfa003.pdf Application to Obtain an Order (PCFR Form 1)]. You can get an Application to Obtain an Order online or from any Provincial Court registry. If possible, include what the person earns in the space provided in your Application to Obtain and Order. If the situation is unusually urgent, you may ask that the order be "without notice," meaning that the court <span class="noglossary">will</span> make its order without your ex-partner having a chance to be heard or being notified in <span class="noglossary">advance</span>. ''Without notice orders'' are very unusual and always ''interim'', meaning short-term. The other person <span class="noglossary">will</span> eventually get to speak to the judge before a final order is made.

	=== What happens next ===		=== What happens next ===

Nate Russell at 23:08, 18 April 2017

2017-04-18T23:08:55Z

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	#You may wish to <span class="noglossary">contact</span> a [[Family Justice Centres\|Family Justice Centre]]. Counsellors at Family Justice Centres can provide information, mediation and assistance with applications involving child or spousal support in Family Court.		#You may wish to <span class="noglossary">contact</span> a [[Family Justice Centres\|Family Justice Centre]]. Counsellors at Family Justice Centres can provide information, mediation and assistance with applications involving child or spousal support in Family Court.
	#Self-help information is available online at the [[Family Law in BC]] website. Click on "Self-help guides" under the "Shortcuts" option, then scroll down to "Family orders". There is a guide for situations where the parents agree on what an order should say, and those where they have not agreed.		#Self-help information is available online at the [[Family Law in BC]] website. Click on "Self-help guides" under the "Shortcuts" option, then scroll down to "Family orders". There is a guide for situations where the parents agree on what an order should say, and those where they have not agreed.
	#To apply for child support in Family Court, complete an [http://www2.gov.bc.ca/assets/gov/law-crime-and-justice/courthouse-services/court-files-records/court-forms/family/pfa003.pdf Application to Obtain an Order (PCFR Form 1)]. You can get an Application to Obtain an Order online or from any Provincial Court registry. If you feel the situation is urgent, you may ask that the order be "without notice," meaning that the court <span class="noglossary">will</span> make its order without your ex-partner having a chance to be heard or being notified in <span class="noglossary">advance</span>. ''Without notice orders'' are always interim (short-term~~) and your ex-partner~~ <span class="noglossary">will</span> eventually ~~have a chance~~ to speak to the judge before a final order is made. If possible, include what the person earns in the space provided in your Application to Obtain and Order.		#To apply for child support in Family Court, complete an [http://www2.gov.bc.ca/assets/gov/law-crime-and-justice/courthouse-services/court-files-records/court-forms/family/pfa003.pdf Application to Obtain an Order (PCFR Form 1)]. You can get an Application to Obtain an Order online or from any Provincial Court registry. If you feel the situation is urgent, you may ask that the order be "without notice," meaning that the court <span class="noglossary">will</span> make its order without your ex-partner having a chance to be heard or being notified in <span class="noglossary">advance</span>. ''Without notice orders'' are very unusual and always interim, meaning short-term. The other person <span class="noglossary">will</span> eventually get to speak to the judge before a final order is made. If possible, include what the person earns in the space provided in your Application to Obtain and Order.

	=== What happens next ===		=== What happens next ===
			Once you have filed an Application to Obtain an Order asking for child support and had it served on the other parent (who is now called the ''respondent''), the respondent <span class="noglossary">will</span> be required to file a Reply and a Financial Statement (or a ''statement of finances'' for FMEP matters). A date <span class="noglossary">will</span> be set for a hearing by the Family Court registry.
	Once you have filed an Application to Obtain an Order asking for child support, the other parent <span class="noglossary">will</span> be required to file a Reply and a Financial Statement (or a ''statement of finances'' for FMEP matters). A date <span class="noglossary">will</span> be set for a hearing by the Family Court registry.

	If the other party doesn't file a Reply or Financial Statement, the judge may order him or her to do so or accept your evidence of what he or she is earning, without your ex's participation.		If the other party doesn't file a Reply or Financial Statement, the judge may order him or her to do so or accept your evidence of what he or she is earning, without your ex's participation.

Nate Russell at 22:40, 18 April 2017

2017-04-18T22:40:32Z

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	Before meeting with a lawyer or advocate, complete the form [[Preparing for Your Interview]] included in this Guide. Make sure you bring copies of all documents relating to your case.		Before meeting with a lawyer or advocate, complete the form [[Preparing for Your Interview]] included in this Guide. Make sure you bring copies of all documents relating to your case.

	{{REVIEWED \| reviewer = [[~~Annie Kaderly~~]], ~~March 2013~~}}		{{REVIEWED \| reviewer = [[Stephen Wright]], April 2017}}

	{{Template:Legal Help Guide Navbox\|type=problems}}		{{Template:Legal Help Guide Navbox\|type=problems}}

	{{Creative Commons for Legal Help Guide}}		{{Creative Commons for Legal Help Guide}}

Nate Russell at 22:38, 18 April 2017

2017-04-18T22:38:25Z

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	}}		}}

	Any parent — married or unmarried — of a dependant child has a responsibility to provide ''child support'' (financial support) for that child. The usual amount that he or she should pay is set out in the [[Child Support Guidelines]]. The amount depends on how many children there are and what the payor parent earns.		Any parent — married or unmarried — of a dependant child has a responsibility to provide ''child support'' (financial support) for that child. The usual amount that he or she should pay is set out in the [[Child Support Guidelines]]. The amount depends on how many children there are and what the payor parent earns. Stepparents may also be required to pay child support.

	== If you have a court order ==		== If you have a court order ==
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	=== First steps ===		=== First steps ===

	#If you are on social assistance, speak with your financial worker. If you agree, the Ministry of Social Development (or Aboriginal Affairs and Northern Development Canada, if you live on an Indian reserve) <span class="noglossary">will</span> collect child support for you.		#You can enroll with the [[Family Maintenance Enforcement Program]], also called FMEP. FMEP <span class="noglossary">will</span> take steps, including further court action, to enforce the order for you. FMEP is a free program, and probably the simplest way to collect on a child support order from a reluctant payor. You can speed up the registration process by getting a court-certified copy of your support order from the Court Registry, and providing this to FMEP.
	~~#If you are not on social assistance, you~~ can ~~enrol~~ with the [[Family Maintenance Enforcement Program]], ~~which~~ <span class="noglossary">will</span> take steps, including further court action, to enforce the order for you. ~~The Family Maintenance Enforcement Program, also called~~ FMEP, is free, and probably the simplest way to collect on a child support order from a reluctant payor.

	=== What happens next ===		=== What happens next ===
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	=== First steps ===		=== First steps ===

	~~#If you are on social assistance, speak with your financial worker.~~
	#You may wish to <span class="noglossary">contact</span> a [[Family Justice Centres\|Family Justice Centre]]. Counsellors at Family Justice Centres can provide information, mediation and assistance with applications involving child or spousal support in Family Court.		#You may wish to <span class="noglossary">contact</span> a [[Family Justice Centres\|Family Justice Centre]]. Counsellors at Family Justice Centres can provide information, mediation and assistance with applications involving child or spousal support in Family Court.
	#~~If you want~~ to apply for child support in Family Court, complete an [http://~~www.ag~~.gov.bc.ca/~~courts~~/forms/~~pfa~~/pfa003.pdf Application to Obtain an Order]. You can get an Application to Obtain an Order from any Provincial Court registry. Family Court forms and self-help information are also available online at the [[Family Law in BC]] website. Click on "Self-help guides," scroll down to "Family orders" and click on the appropriate link. If you feel the situation is urgent, you may ask that the order be "without notice," meaning that the court <span class="noglossary">will</span> make its order without your ex-partner having a chance to be heard or being notified in <span class="noglossary">advance</span>. Without notice orders are always interim (short-term) and your ex-partner <span class="noglossary">will</span> eventually have a chance to speak to the judge before a final order is made.		#Self-help information is available online at the [[Family Law in BC]] website. Click on "Self-help guides" under the "Shortcuts" option, then scroll down to "Family orders". There is a guide for situations where the parents agree on what an order should say, and those where they have not agreed.
			#To apply for child support in Family Court, complete an [http://www2.gov.bc.ca/assets/gov/law-crime-and-justice/courthouse-services/court-files-records/court-forms/family/pfa003.pdf Application to Obtain an Order (PCFR Form 1)]. You can get an Application to Obtain an Order online or from any Provincial Court registry. If you feel the situation is urgent, you may ask that the order be "without notice," meaning that the court <span class="noglossary">will</span> make its order without your ex-partner having a chance to be heard or being notified in <span class="noglossary">advance</span>. ''Without notice orders'' are always interim (short-term) and your ex-partner <span class="noglossary">will</span> eventually have a chance to speak to the judge before a final order is made. If possible, include what the person earns in the space provided in your Application to Obtain and Order.

	=== What happens next ===		=== What happens next ===

Nate Russell: /* If you DON'T have a court order */

2017-04-18T21:56:00Z

If you DON'T have a court order

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	Once you have registered with the Family Maintenance Enforcement Program, one of its workers <span class="noglossary">will</span> <span class="noglossary">contact</span> the other parent to see if he or she <span class="noglossary">will</span> agree to make voluntary payments. If that doesn't work, FMEP can take a number of steps against the other parent, such as garnishing pay cheques or bank accounts, intercepting Employment Insurance payments and income tax refunds, and arranging for withholding driver's licenses or passports.		Once you have registered with the Family Maintenance Enforcement Program, one of its workers <span class="noglossary">will</span> <span class="noglossary">contact</span> the other parent to see if he or she <span class="noglossary">will</span> agree to make voluntary payments. If that doesn't work, FMEP can take a number of steps against the other parent, such as garnishing pay cheques or bank accounts, intercepting Employment Insurance payments and income tax refunds, and arranging for withholding driver's licenses or passports.

	== If you ~~DON'T~~ have a court order ==		== If you do not have a court order ==

	=== First steps ===		=== First steps ===

Nate Russell: /* If you HAVE a court order */

2017-04-18T21:55:44Z

If you HAVE a court order

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	Any parent — married or unmarried — of a dependant child has a responsibility to provide ''child support'' (financial support) for that child. The usual amount that he or she should pay is set out in the [[Child Support Guidelines]]. The amount depends on how many children there are and what the payor parent earns.		Any parent — married or unmarried — of a dependant child has a responsibility to provide ''child support'' (financial support) for that child. The usual amount that he or she should pay is set out in the [[Child Support Guidelines]]. The amount depends on how many children there are and what the payor parent earns.

	== If you ~~HAVE~~ a court order ==		== If you have a court order ==

	=== First steps ===		=== First steps ===

Drew Jackson: /* Where to get help */

2013-06-05T00:46:13Z

Where to get help

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	See the [[Resource List for Legal Help for British Columbians\|Resource List]] in this Guide for a list of helpful resources. Your best bets are:		See the [[Resource List for Legal Help for British Columbians\|Resource List]] in this Guide for a list of helpful resources. Your best bets are:
	*[[Legal Aid Representation\|Legal aid <span class="noglossary">representation</span>]], to see if you qualify for legal aid.
	*[[Family Maintenance Enforcement Program]], to enrol with the program for free.		*[[Family Maintenance Enforcement Program]], to enrol with the program for free.
	*[[Family Law in BC]] website, for forms, self-help materials and other legal information about child and spousal support.		*[[Family Law in BC]] website, for forms, self-help materials and other legal information about child and spousal support.

Drew Jackson at 00:45, 5 June 2013

2013-06-05T00:45:09Z

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	=== First steps ===		=== First steps ===

	#If you ~~need a lawyer but cannot afford one~~ on your own, see if you qualify for [[Legal Aid Representation\|legal aid <span class="noglossary">representation</span>]]. If you qualify, the Legal Services Society <span class="noglossary">will</span> appoint a lawyer to advise you and represent you in court.		#If you are on social assistance, speak with your financial worker.
	#~~Whether or not you qualify for legal aid <span class="noglossary">representation</span> or a lawyer through the Ministry of Social Development, you~~ may wish to <span class="noglossary">contact</span> a [[Family Justice Centres\|Family Justice Centre]]. Counsellors at Family Justice Centres can provide information, mediation and assistance with applications involving child or spousal support in Family Court.		#You may wish to <span class="noglossary">contact</span> a [[Family Justice Centres\|Family Justice Centre]]. Counsellors at Family Justice Centres can provide information, mediation and assistance with applications involving child or spousal support in Family Court.
	#If you want to apply for child support in Family Court, complete an [http://www.ag.gov.bc.ca/courts/forms/pfa/pfa003.pdf Application to Obtain an Order]. You can get an Application to Obtain an Order from any Provincial Court registry. Family Court forms and self-help information are also available online at the [[Family Law in BC]] website. Click on "Self-help guides," scroll down to "Family orders" and click on the appropriate link. If you feel the situation is urgent, you may ask that the order be "without notice," meaning that the court <span class="noglossary">will</span> make its order without your ex-partner having a chance to be heard or being notified in <span class="noglossary">advance</span>. Without notice orders are always interim (short-term) and your ex-partner <span class="noglossary">will</span> eventually have a chance to speak to the judge before a final order is made.		#If you want to apply for child support in Family Court, complete an [http://www.ag.gov.bc.ca/courts/forms/pfa/pfa003.pdf Application to Obtain an Order]. You can get an Application to Obtain an Order from any Provincial Court registry. Family Court forms and self-help information are also available online at the [[Family Law in BC]] website. Click on "Self-help guides," scroll down to "Family orders" and click on the appropriate link. If you feel the situation is urgent, you may ask that the order be "without notice," meaning that the court <span class="noglossary">will</span> make its order without your ex-partner having a chance to be heard or being notified in <span class="noglossary">advance</span>. Without notice orders are always interim (short-term) and your ex-partner <span class="noglossary">will</span> eventually have a chance to speak to the judge before a final order is made.