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Difference between revisions of "Child Support Arrears"
From Clicklaw Wikibooks
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→Collecting arrears of support
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Under the ''[http://canlii.ca/t/840m Family Maintenance Enforcement Act]'', FMEP has the authority to commence and conduct any court proceedings that can be undertaken by a private creditor, as well as some unique actions that the program alone can take. Among FMEP's collection powers are: | Under the ''[http://canlii.ca/t/840m Family Maintenance Enforcement Act]'', FMEP has the authority to commence and conduct any court proceedings that can be undertaken by a private creditor, as well as some unique actions that the program alone can take. Among FMEP's collection powers are: | ||
*garnishing the payor's wages, | |||
*collecting from a corporation wholly owned by the payor, | |||
*redirecting federal and provincial payments owed to the payor, like GST or income tax rebates, to the recipient, | |||
*prohibiting a payor from renewing their driver's licence, | |||
*directing the federal government to refuse to issue a new passport or suspend current passport, | |||
*registering a lien against personal property and real property owned by the payor, and | |||
*obtaining an order for the payor's arrest. | |||
For child support judgments, there are extra ways of enforcement not available for other judgments. Under Section 18 of the ''Family Maintenance Enforcement Act'' the recipient can get a continuing garnishing order so that money is taken from the payor's income every payday. | For child support judgments, there are extra ways of enforcement not available for other judgments. Under Section 18 of the ''Family Maintenance Enforcement Act,'' the recipient can get a continuing garnishing order so that money is taken from the payor's income every payday. | ||
While it is possible to undertake collection or enforcement proceedings on your own, this will cost money and time and possibly require you to hire a lawyer and bear that expense as well. Since any private collection efforts you might take may interfere with efforts being made on your behalf by FMEP, recipients enrolled with FMEP are required to obtain the permission of the program's director before they can take independent enforcement actions. | While it is possible to undertake collection or enforcement proceedings on your own, this will cost money and time and possibly require you to hire a lawyer and bear that expense as well. Since any private collection efforts you might take may interfere with efforts being made on your behalf by FMEP, recipients enrolled with FMEP are required to obtain the permission of the program's director before they can take independent enforcement actions. | ||
