My Ex Is Not Paying Child Support: Difference between revisions

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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 he or she should pay is set out in the Federal Child Support Guidelines.  
Any parent—married or unmarried—of a dependant child has a responsibility to provide '''child support''' (financial support) for that child. The usual amount he or she should pay is set out in the Federal Child Support Guidelines.  


== First steps (if you HAVE a court order) ==
 
== First steps ==
 
=== If you HAVE a court order ===
 
First steps if you have a court order:


# If you are on social assistance, speak with your financial worker. If you agree, the Ministry of Housing and Social Development (or the Ministry of Indian Affairs, if you live on an Indian Reserve) will collect the child support for you.
# If you are on social assistance, speak with your financial worker. If you agree, the Ministry of Housing and Social Development (or the Ministry of Indian Affairs, if you live on an Indian Reserve) will collect the child support for you.
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# You can also enrol with the Family Maintenance Enforcement Program (See #25-Family Maintenance Enforcement Program at Part 2 of this guide for contact information) which will take steps, including further court action, to enforce the order for you. FMEP is probably the simplest way to collect on a child support order from a reluctant payor.
# You can also enrol with the Family Maintenance Enforcement Program (See #25-Family Maintenance Enforcement Program at Part 2 of this guide for contact information) which will take steps, including further court action, to enforce the order for you. FMEP is probably the simplest way to collect on a child support order from a reluctant payor.


== What happens next (if you HAVE a court order) ==
=== If you DON'T have a court order ===
 
First steps if you don't have a court order:
 
# If you need a lawyer but cannot afford one on your own, see if you qualify for legal aid representation. (See #36-[[Legal Aid Representation]], in Part 2 of this Guide for information about applying for legal aid). 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 MHSD, you may wish to contact a 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 Supreme Court actions.
# If you want to apply for maintenance in Family Court, complete an '''Application to Obtain an Order'''. [You can get an Application to Obtain an Order from any Provincial Court Registry or most Service BC (Government Agent) Offices. Call Enquiry BC at 1-800-663-7867 for information on the one nearest you.] Family Court forms and self-help information are also available online at the Family Law in BC website, [http://www.familylaw.lss.bc.ca/ www.familylaw.lss.bc.ca]. 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 ex parte, meaning that the court will make its order without your ex-partner having a chance to be heard. Ex parte 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.
 
== What happens next ==
 
=== If you HAVE a court order ===
 
What happens next if you have a court order:


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 returns and arranging for
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 returns and arranging for
withholding driver’s licenses or passports.
withholding driver’s licenses or passports.


== First steps (if you DON'T have a court order) ==


# If you need a lawyer but cannot afford one on your own, see if you qualify for legal aid representation. (See #36-[[Legal Aid Representation]], in Part 2 of this Guide for information about applying for legal aid). 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 MHSD, you may wish to contact a 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 Supreme Court actions.
=== If you DON'T have a court order ===
# If you want to apply for maintenance in Family Court, complete an '''Application to Obtain an Order'''. [You can get an Application to Obtain an Order from any Provincial Court Registry or most Service BC (Government Agent) Offices. Call Enquiry BC at 1-800-663-7867 for information on the one nearest you.] Family Court forms and self-help information are also available online at the Family Law in BC website, [http://www.familylaw.lss.bc.ca/ www.familylaw.lss.bc.ca]. 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 ex parte, meaning that the court will make its order without your ex-partner having a chance to be heard. Ex parte 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.


== What happens next (if you DON'T have a court order) ==
What happens next if you don't have a court order:


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
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

Revision as of 00:48, 20 February 2010

Template:Legal 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 he or she should pay is set out in the Federal Child Support Guidelines.


First steps[edit]

If you HAVE a court order[edit]

First steps if you have a court order:

  1. If you are on social assistance, speak with your financial worker. If you agree, the Ministry of Housing and Social Development (or the Ministry of Indian Affairs, if you live on an Indian Reserve) will collect the child support for you.
  2. If you are not on social assistance, you may qualify for legal aid representation. (See #36-Legal Aid Representation in Part 2 of this guide for information about applying for legal aid. If you are approved for legal aid representation, a legal aid lawyer can help you collect the child support.

    If you don't qualify for legal aid representation, you may wish to contact a Family Justice Centre. See #23-Family Justice Centres in Part 2 of this guide for contact information. Counsellors at Family Justice Centres can provide information, mediation and assistance with applications involving maintenance (child or spousal support) in Family Court.
  3. You can also enrol with the Family Maintenance Enforcement Program (See #25-Family Maintenance Enforcement Program at Part 2 of this guide for contact information) which will take steps, including further court action, to enforce the order for you. FMEP is probably the simplest way to collect on a child support order from a reluctant payor.

If you DON'T have a court order[edit]

First steps if you don't have a court order:

  1. If you need a lawyer but cannot afford one on your own, see if you qualify for legal aid representation. (See #36-Legal Aid Representation, in Part 2 of this Guide for information about applying for legal aid). If you qualify, the Legal Services Society will appoint a lawyer to advise you and represent you in court.

    Whether or not you qualify for legal aid representation or a lawyer through MHSD, you may wish to contact a 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 Supreme Court actions.
  2. If you want to apply for maintenance in Family Court, complete an Application to Obtain an Order. [You can get an Application to Obtain an Order from any Provincial Court Registry or most Service BC (Government Agent) Offices. Call Enquiry BC at 1-800-663-7867 for information on the one nearest you.] Family Court forms and self-help information are also available online at the Family Law in BC website, www.familylaw.lss.bc.ca. 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 ex parte, meaning that the court will make its order without your ex-partner having a chance to be heard. Ex parte 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.

What happens next[edit]

If you HAVE a court order[edit]

What happens next if you have a court order:

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 returns and arranging for withholding driver’s licenses or passports.


If you DON'T have a court order[edit]

What happens next if you don't have a court order:

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 matters). A date will be set for a hearing. If the other party doesn’t file a Reply or Financial Statement, the judge may order him or her to do so or to accept your evidence of what he or she is earning.

Where to get help[edit]

See the Resource Guide in Part 2 for a list of helpful resources. Your best bets are:

  • #36-Legal Aid Representation, to see if you qualify for legal aid.
  • #25-Family Maintenance Enforcement Program, to enrol with the program.
  • #24-Family Law in BC, for forms, self-help materials and other legal information about maintenance (child and spousal support).
  • #19-Duty counsel, for some assistance on the day you have to appear in court.
  • #23-Family Justice Centres, to make an appointment with a Family Justice Counsellor to discuss maintenance.
  • #55-Supreme Court Self-help Centre website for self-help materials and other legal information about Supreme Court procedures and representing yourself in Supreme Court on a maintenance issue.
  • #31-LawLINE.
  • #1-Access Justice, #34-Lawyer Referral Service, #51-Salvation Army Pro Bono Lawyer Consultation Program, #45-Private Bar Lawyers.

Before meeting with a lawyer or advocate, complete the form, Preparing for Your Interview, in Part 3 of this Guide (page 57). Make sure you bring copies of all documents relating to your case.