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

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=== 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 <span class="noglossary">representation</span>]]. If you qualify, the Legal Services Society <span class="noglossary">will</span> appoint a lawyer to advise you and represent you in court.  
#If you are on social assistance, speak with your financial worker.
#Whether or not you qualify for legal aid <span class="noglossary">representation</span> or a lawyer through the Ministry of Social Development, 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.  
#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 child support in Family Court, complete an [http://www.ag.gov.bc.ca/courts/forms/pfa/pfa003.pdf 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 feel the situation is 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 always interim (short-term) and your ex-partner <span class="noglossary">will</span> eventually have a chance to speak to the judge before a final order is made.
#If you want to apply for child support in Family Court, complete an [http://www.ag.gov.bc.ca/courts/forms/pfa/pfa003.pdf 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 feel the situation is 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 always interim (short-term) and your ex-partner <span class="noglossary">will</span> eventually have a chance to speak to the judge before a final order is made.



Revision as of 00:45, 5 June 2013

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.

If you HAVE a court order[edit]

First steps[edit]

  1. 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 child support for you.
  2. If you are not on social assistance, you can 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 free, and probably the simplest way to collect on a child support order from a reluctant payor.

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 DON'T have a court order[edit]

First steps[edit]

  1. If you are on social assistance, speak with your financial worker.
  2. 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.
  3. If you want to apply for child support in Family Court, complete an 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 feel the situation is 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 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]

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 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[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 Annie Kaderly, March 2013.


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.