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

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=== If you HAVE a court order ===
=== 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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=== If you DON'T 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 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.
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=== If you HAVE a court order ===
=== 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.


=== If you DON'T have a court order ===  
=== 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
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