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Difference between revisions of "My Ex Is Not Paying Child Support"
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My Ex Is Not Paying Child Support (view source)
Revision as of 00:48, 20 February 2010
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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 | |||
== 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 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. | ||
=== 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 | ||
