Difference between revisions of "My Ex Is Not Paying Child Support"

From Clicklaw Wikibooks
Jump to navigation Jump to search
 
(26 intermediate revisions by 3 users not shown)
Line 1: Line 1:
{{Legal Help Guide TOC}}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 Federal Child Support Guidelines.  
{{Template:Legal Help Guide TOC}}{{ambox
| type      = content
| small      = center
| image      =
| smallimage =
| textstyle  =
| text      = '''Alert:''' Extensive changes to family law in British Columbia came into effect on March 18, 2013. ''[[JP Boyd on Family Law]]'' has extensive, updated coverage of [[Child Support Arrears]].<br>
| smalltext  =
}}


== If you HAVE a court order ==
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 ==


=== 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) will collect the 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 may qualify for [[Legal Aid Representation|legal aid representation]]. If you are approved for legal aid representation, a legal aid lawyer can help you collect the child support.<br /><br />If you don't qualify for legal aid representation, you may wish to contact a [[Family Justice Centres|Family Justice Centre]]. Counsellors at Family Justice Centres can provide information, mediation and assistance with applications involving maintenance (child or spousal support) in Family Court.
# You can also enrol with the [[Family Maintenance Enforcement Program]], which will take steps, including further court action, to enforce the order for you. The Family Maintenance Enforcement Program, also called FMEP, is probably the simplest way to collect on a child support order from a reluctant payor, and it's free to register.


=== What happens next ===
=== What happens next ===
Once you have registered with the Family Maintenance Enforcement Program, one of its workers will contact the other parent to see if he or she will agree to make voluntary payments. If that doesn't work, FMEP can take a number of steps against the other parent, such as garnishing wages 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 ===


# If you need a lawyer but cannot afford one on your own, see if you qualify for [[Legal Aid Representation|legal aid representation]]. If you qualify, the Legal Services Society will appoint a lawyer to advise you and represent you in court.<br /><br />Whether or not you qualify for legal aid representation or a lawyer through the Ministry of Social Development, you may wish to contact a [[Family Justice Centres|Family Justice Centre]]. Counsellors at Family Justice Centres can provide information, mediation and assistance with applications involving maintenance (child or spousal support) in Family Court. However, they have no jurisdiction to help with claims for divorce, division of property, and other Supreme Court matters.
#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 maintenance in Family Court, complete an [http://j.mp/yoabyq '''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 do not feel it is safe to wait for an order, you may ask that the order be "without notice", meaning that the court will make its order without your ex-partner having a chance to be heard or being notified in advance. Without notice orders are always interim (short-term) and your ex-partner will 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 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 ===
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.


Once you have filed an application to obtain an order asking for child support, the other parent will be required to file a '''reply''' and a '''financial statement''' (or a '''statement of finances''' for FMEP
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.
matters). A date will 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.


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


See the [[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 representation]], 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.
*[[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 maintenance (child and spousal support).
*[[Duty Counsel|Family duty counsel]] (Provincial or Supreme), for some assistance on the day you have to appear in court.
* [[Clicklaw]]'s "[http://www.clicklaw.bc.ca/content/forms Court Forms and Guides]" page, which features a flow chart to find the court rules, forms and self-help guides needed when going to court.
*[[Family Justice Centres]], to make an appointment with a family justice counsellor to discuss support.
* [[Duty Counsel|Family Duty Counsel]] (Provincial or Supreme), for some assistance on the day you have to appear in court.
*[[Family LawLINE]].
* [[Family Justice Centres]], to make an appointment with a Family Justice Counsellor to discuss maintenance.
*[[Access Pro Bono]], [[Lawyer Referral Service]], and [[Private Bar Lawyers|private bar lawyers]].
* [[Family LawLINE]].
*The Clicklaw common question "[http://www.clicklaw.bc.ca/question/commonquestion/1009 My ex stopped paying child support when he moved out of province]."
* [[Access Pro Bono]], [[Lawyer Referral Service]], [[Salvation Army Pro Bono Lawyer Consultation Program]], and [[Private Bar Lawyers]].


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.


{{Template:Legal Help Guide Disclaimer}}
{{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}}

Latest revision as of 04:32, 2 May 2017

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[edit]

First steps[edit]

  1. You can enroll with the Family Maintenance Enforcement Program, also called FMEP. FMEP will 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.

What happens next[edit]

Once you have registered with the Family Maintenance Enforcement Program, one of its workers will contact the other parent to see if he or she will 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 do not have a court order[edit]

First steps[edit]

  1. You may wish to contact a Family Justice Centre. Counsellors at Family Justice Centres can provide information, mediation and assistance with applications involving child or spousal support in Family Court.
  2. 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.
  3. To apply for child support in Family Court, complete an 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 will make its order without your ex-partner having a chance to be heard or being notified in advance. Without notice orders are very unusual and always interim, meaning short-term. The other person will eventually get to speak to the judge before a final order is made.

What happens next[edit]

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 will be required to file a Reply and a Financial Statement (or a statement of finances for FMEP matters). A date will 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 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[edit]

See the Resource List in this Guide for a list of helpful resources. Your best bets are:

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.

This information applies to British Columbia, Canada. Last reviewed for legal accuracy by Stephen Wright, April 2017.


Creative Commons Attribution-NonCommercial-ShareAlike 2.5 Canada Licence Legal Help for British Columbians © Cliff Thorstenson and Courthouse Libraries BC is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 2.5 Canada Licence.