Difference between revisions of "Enforcing Support Orders and Agreements"
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==What is the Family Maintenance Enforcement Program?== | ==What is the Family Maintenance Enforcement Program?== | ||
The Family Maintenance Enforcement Program (FMEP) is a free service provided by the provincial government. It monitors support payments and enforces court orders and filed separation agreements where support is to be paid. There’s no cost to the recipient for the services of this program. | The Family Maintenance Enforcement Program (FMEP) is a ''free'' service provided by the provincial government. It monitors support payments and enforces court orders and filed separation agreements where support is to be paid. There’s no cost to the recipient for the services of this program. | ||
==How to enroll in FMEP?== | ==How to enroll in FMEP?== | ||
Anyone who has a support order or separation agreement filed in court can enroll. The application form and information about the program is available online https://www.fmep.gov.bc.ca/contact-us/ or by phone 604.678.5670 in the lower mainland or 250.220.4040 in the Greater Victoria area. These and other FMEP numbers are also listed in the Government of British Columbia blue pages section of the phone directory under “Family Maintenance Enforcement Program”. | Anyone who has a support order or separation agreement filed in court can enroll. The application form and information about the program is available online [https://www.fmep.gov.bc.ca/contact-us/ https://www.fmep.gov.bc.ca/contact-us/] or by phone 604.678.5670 in the lower mainland or 250.220.4040 in the Greater Victoria area. These and other FMEP numbers are also listed in the Government of British Columbia blue pages section of the phone directory under “Family Maintenance Enforcement Program”. | ||
==FMEP assumes responsibility for enforcing the order or agreement== | ==FMEP assumes responsibility for enforcing the order or agreement== | ||
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==What steps can the recipient take?== | ==What steps can the recipient take?== | ||
If the recipient decides not to use FMEP, court orders and filed separation agreements for support can be enforced under the ''Family Law Act'', the Family Maintenance Enforcement Act and through certain provisions of the Supreme Court Family Rules. The recipient can, among other things: | If the recipient decides not to use FMEP, court orders and filed separation agreements for support can be enforced under the ''Family Law Act'', the ''Family Maintenance Enforcement Act'' and through certain provisions of the Supreme Court Family Rules. The recipient can, among other things: | ||
*apply to garnish the payor’s wages; | *apply to garnish the payor’s wages; | ||
*apply for an order that some of the payor’s property be sold to pay the arrears; and | *apply for an order that some of the payor’s property be sold to pay the arrears; and | ||
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There are also a number of ways the recipient can force the payor to provide information about his or her finances. This may help to figure out how to best collect the arrears. For example, the recipient can require the payor to: | There are also a number of ways the recipient can force the payor to provide information about his or her finances. This may help to figure out how to best collect the arrears. For example, the recipient can require the payor to: | ||
*attend a default hearing before a judge and produce a statement of his or her finances; or | |||
*attend a hearing in the Supreme Court called an Examination in Aid of Execution to be questioned under oath about his or her finances. | |||
In order to proceed with any of the steps, the recipient will have to make a court application and explain to a judge why a particular order should be granted. Because the court application process can be complicated, it’s a good idea to speak to a lawyer first. | In order to proceed with any of the steps, the recipient will have to make a court application and explain to a judge why a particular order should be granted. Because the court application process can be complicated, it’s a good idea to speak to a lawyer first. | ||
More information | ==More information== | ||
*For more information about the Family Maintenance Enforcement Program, see their website at [http://www.fmep.gov.bc.ca www.fmep.gov.bc.ca]. Or call FMEP at 604.678.5670 in the lower mainland, 250.220.4040 in Victoria or toll-free 1.800.663.3455 elsewhere in BC. | |||
*You can also see the pages in the wikibook ''JP Boyd on Family Law'', provided by Courthouse Libraries BC, on [[Child Support Arrears]] and [[Spousal Support Arrears]]. | |||
*The laws referred in this script are available at [http://www.bclaws.ca www.bclaws.ca]. | |||
[updated February 2015] | [updated February 2015] | ||