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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)
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#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. | ||
#Self-help information is available online at the [[Family Law in BC]] website. Click on "Self-help guides" under the "Shortcuts" option, then scroll down to "Family orders". There is a guide for situations where the parents agree on what an order should say, and those where they have not agreed. | #Self-help information is available online at the [[Family Law in BC]] website. Click on "Self-help guides" under the "Shortcuts" option, then scroll down to "Family orders". There is a guide for situations where the parents agree on what an order should say, and those where they have not agreed. | ||
#To apply for child support in Family Court, complete an [http://www2.gov.bc.ca/assets/gov/law-crime-and-justice/courthouse-services/court-files-records/court-forms/family/pfa003.pdf Application to Obtain an Order (PCFR Form 1)]. You can get an Application to Obtain an Order online or from any Provincial Court registry. 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 | #To apply for child support in Family Court, complete an [http://www2.gov.bc.ca/assets/gov/law-crime-and-justice/courthouse-services/court-files-records/court-forms/family/pfa003.pdf Application to Obtain an Order (PCFR Form 1)]. You can get an Application to Obtain an Order online or from any Provincial Court registry. 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 very unusual and always interim, meaning short-term. The other person <span class="noglossary">will</span> eventually get to speak to the judge before a final order is made. If possible, include what the person earns in the space provided in your Application to Obtain and Order. | ||
=== What happens next === | === What happens next === | ||
Once you have filed an Application to Obtain an Order asking for child support and had it served on the other parent (who is now called the ''respondent''), the respondent <span class="noglossary">will</span> be required to file a Reply and a Financial Statement (or a ''statement of finances'' for FMEP matters). A date <span class="noglossary">will</span> be set for a hearing by the Family Court registry. | |||
Once you have filed an Application to Obtain an Order asking for child support | |||
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. | 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. | ||
