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Difference between revisions of "Child Support Arrears"
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Child Support Arrears (view source)
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}}When a person who is obliged to pay child support fails to pay all of the child support they are required to pay, a debt begins to accumulate. The debt owing is called the payor's ''arrears'' of child support. | }}When a person who is obliged to pay child support fails to pay all of the child support they are required to pay, a debt begins to accumulate. The debt owing is called the payor's ''arrears'' of child support. | ||
People generally have two different goals when arrears begin to mount up. The person responsible for paying support, the ''payor'', likely wants the court to reduce or cancel the arrears, while the person receiving | People generally have two different goals when arrears begin to mount up. The person responsible for paying support, the ''payor'', likely wants the court to reduce or cancel the arrears, while the person receiving support, the ''recipient'', will want the court to force the payor to pay what's owing. | ||
This section provides an introduction to the problem of child support arrears. It also discusses the reduction and cancellation of arrears and how arrears are collected. | This section provides an introduction to the problem of child support arrears. It also discusses the reduction and cancellation of arrears and how arrears are collected. | ||
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Arrears that have accumulated under a separation agreement are owed because of the promises each party made to the other when they signed the agreement. A separation agreement is a contract that can be enforced in court, just like any other contract. | Arrears that have accumulated under a separation agreement are owed because of the promises each party made to the other when they signed the agreement. A separation agreement is a contract that can be enforced in court, just like any other contract. | ||
Agreements for support are most easily enforced by filing them in court. Once they are filed in court, agreements can be enforced | Agreements for support are most easily enforced by filing them in court. Once they are filed in court, agreements can be enforced as if they are court orders. (Although agreements can still be enforced under the law of contracts, it's a lot simpler to file them in court and take care of it that way.) Section 148(2) of the ''[[Family Law Act]]'' says: | ||
<blockquote><tt>A written agreement respecting child support that is filed in the court is enforceable under this Act and the ''Family Maintenance Enforcement Act'' as if it were an order of the court.</tt></blockquote> | <blockquote><tt>A written agreement respecting child support that is filed in the court is enforceable under this Act and the ''Family Maintenance Enforcement Act'' as if it were an order of the court.</tt></blockquote> | ||
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==Reducing and cancelling arrears== | ==Reducing and cancelling arrears== | ||
Payors may apply to court to have their arrears of child support cancelled or reduced. When arrears are ''cancelled'', the debt is wiped out and the payor no longer owes money to the | Payors may apply to court to have their arrears of child support cancelled or reduced. When arrears are ''cancelled'', the debt is wiped out and the payor no longer owes money to the recipient for their past child support obligation, and any obligation they may have to contribute to the cost of the children's special expenses and extraordinary expenses. When arrears are ''reduced'', there's still a debt owing to the recipient but the amount of the debt has been reduced to a smaller amount. | ||
===Arrears under the ''Divorce Act''=== | ===Arrears under the ''Divorce Act''=== | ||
Making an application to cancel or reduce arrears of child support is much the same kind of application as an application to change a child support order where the ''[[Divorce Act]]'' is involved. Like applications to change a child support order, applications to reduce or cancel arrears are made under section 17 of the act. | |||
Section 17 of the ''Divorce Act'' says this about varying orders for spousal support: | Section 17 of the ''Divorce Act'' says this about varying orders for spousal support: | ||
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*redirect federal and provincial payments owed to the payor, like GST or income tax rebates, to the recipient, | *redirect federal and provincial payments owed to the payor, like GST or income tax rebates, to the recipient, | ||
*prohibit a payor from renewing their driver's licence, | *prohibit a payor from renewing their driver's licence, | ||
*direct the federal government to refuse to issue a new passport to the payor or | *direct the federal government to refuse to issue a new passport to the payor or suspend the payor's current passport, | ||
*register a lien against personal property | *register a lien against either personal property or real property, or both, owned by the payor, and | ||
*get an order for the payor's arrest. | *get an order for the payor's arrest. | ||
While it is possible to make collection or enforcement efforts 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 by FMEP, recipients enrolled with FMEP are required to get the permission of the program's director before they take independent enforcement steps. | While it is possible to make collection or enforcement efforts 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 by FMEP, recipients enrolled with FMEP are required to get the permission of the program's director before they take independent enforcement steps. | ||
You can find more information about enforcing orders in the chapter [[Resolving Problems in Court]] | You can find more information about enforcing orders in the chapter [[Resolving Problems in Court]], in the section [[Enforcing Orders in Family Matters]]. You can also find more information at the website of the [http://www.justice.gc.ca/eng/fl-df/enforce-execution/index.html Department of Justice], which includes a helpful overview of support enforcement mechanisms in Canada. | ||
===Separation agreements=== | ===Separation agreements=== | ||
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====Canadian child support orders==== | ====Canadian child support orders==== | ||
Section 20(2) of the ''[[Divorce Act]]'' says that an order under the act has legal effect throughout Canada. Section 20(3) also says that such orders may be filed in the courts of any province and be enforced as if | Section 20(2) of the ''[[Divorce Act]]'' says that an order under the act has legal effect throughout Canada. Section 20(3) also says that such orders may be filed in the courts of any province and be enforced as if they were an order of the courts of that province. In other words, if your divorce order was made in New Brunswick and contains a term requiring that child support be paid, you can file that order in the Supreme Court of British Columbia and it will have the same effect and be enforceable here, just as if it were an order of the courts of British Columbia. | ||
Child support orders that are made under the legislation of another province can be filed for enforcement in British Columbia under sections 17 and 18 of the ''[http://canlii.ca/t/84l3 Interjurisdictional Support Orders Act]''. In this process, the recipient provides a copy of the order to the Reciprocals Office in their province, which then sends the order to the [http://www.isoforms.bc.ca British Columbia Reciprocals Office]. The Reciprocals Office here then files the order in court, and, once filed the order has the same effect as an order of the courts of British Columbia. | Child support orders that are made under the legislation of another province can be filed for enforcement in British Columbia under sections 17 and 18 of the ''[http://canlii.ca/t/84l3 Interjurisdictional Support Orders Act]''. In this process, the recipient provides a copy of the order to the Reciprocals Office in their province, which then sends the order to the [http://www.isoforms.bc.ca British Columbia Reciprocals Office]. The Reciprocals Office here then files the order in court, and, once filed the order has the same effect as an order of the courts of British Columbia. | ||
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* United States of America — all of the United States, including the District of Columbia, Puerto Rico, Guam, American Samoa, and the US Virgin Islands | * United States of America — all of the United States, including the District of Columbia, Puerto Rico, Guam, American Samoa, and the US Virgin Islands | ||
* Pacific Ocean — Australia, Fiji, New Zealand (including the Cook Islands), Papua New Guinea | * Pacific Ocean — Australia, Fiji, New Zealand (including the Cook Islands), and Papua New Guinea | ||
* Europe — Austria, Czech Republic, Germany, Norway, Slovak Republic, Swiss Confederation, Gibraltar, United Kingdom of Great Britain and Northern Ireland | * Europe — Austria, Czech Republic, Germany, Norway, Slovak Republic, Swiss Confederation, Gibraltar, and United Kingdom of Great Britain and Northern Ireland | ||
* Caribbean — Barbados and its Dependencies | * Caribbean — Barbados and its Dependencies | ||
* Africa — South Africa | * Africa — South Africa and Zimbabwe | ||
* Asia — Hong Kong | * Asia — Hong Kong and Republic of Singapore | ||
See the [http://canlii.ca/t/84vn Interjurisdictional Support Orders Regulation] for the current list. | See the [http://canlii.ca/t/84vn Interjurisdictional Support Orders Regulation] for the current list. | ||
A similar process is also available under section 19.1 of the ''Divorce Act'', and the same countries that have agreements with British Columbia for the ''Interjurisdictional Support Orders Act'' also have agreements with Canada about the enforcement of child support orders. | |||
==Resources and links== | ==Resources and links== | ||
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Last reviewed for legal accuracy by [[JP Boyd]], | Last reviewed for legal accuracy by [[JP Boyd]], 24 August 2022. | ||
{{JP Boyd on Family Law Navbox|type=chapters}} | {{JP Boyd on Family Law Navbox|type=chapters}} | ||
