My Ex Is Not Paying Child Support

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

If you HAVE a court order

First steps if you have a court order:

1. 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.
2. If you are not on social assistance, you may 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 are approved for legal aid representation, a legal aid lawyer can help you collect the child support.
   
   If you don't qualify for legal aid representation, you may wish to contact a Family Justice Centre. See #23-Family Justice Centres in Part 2 of this guide for contact information. Counsellors at Family Justice Centres can provide information, mediation and assistance with applications involving maintenance (child or spousal support) in Family Court.
3. 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.

If you DON'T have a court order

First steps if you don't have a court order:

1. 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.
   
   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.
2. 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, 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 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 matters). A date will be set for a hearing. If the other party doesn’t file a Reply or Financial Statement, the judge may order him or her to do so or to accept your evidence of what he or she is earning.

Where to get help

See the Resource Guide in Part 2 for a list of helpful resources. Your best bets are:

• #36-Legal Aid Representation, to see if you qualify for legal aid.
• #25-Family Maintenance Enforcement Program, to enrol with the program.
• #24-Family Law in BC, for forms, self-help materials and other legal information about maintenance (child and spousal support).
• #19-Duty counsel, for some assistance on the day you have to appear in court.
• #23-Family Justice Centres, to make an appointment with a Family Justice Counsellor to discuss maintenance.
• #55-Supreme Court Self-help Centre website for self-help materials and other legal information about Supreme Court procedures and representing yourself in Supreme Court on a maintenance issue.
• #31-LawLINE.
• #1-Access Justice, #34-Lawyer Referral Service, #51-Salvation Army Pro Bono Lawyer Consultation Program, #45-Private Bar Lawyers.

Before meeting with a lawyer or advocate, complete the form, Preparing for Your Interview, in Part 3 of this Guide (page 57). Make sure you bring copies of all documents relating to your case.

In family law, the natural or adoptive father or mother of a child; may also include stepparents, depending on the circumstances and the applicable legislation; may include the donors of eggs or sperm and surrogate mothers, depending on the circumstances and the terms of any assisted reproduction agreement. See "adoptive parent," "assisted reproduction," "natural parent" and "stepparent."

In law, a person who relies on someone else for their support and the necessities of life. See "child," "child support," and "spousal support."

A person who is younger than the legal age of majority, 19 in British Columbia. See "age of majority."

Money paid by one parent or guardian to another parent or guardian as a contribution toward the cost of a child's living and other expenses.

A regulation to the federal Divorce Act, adopted by every province and territory except Quebec, that sets the amount of child support a parent or guardian must pay, usually based on the person's income and the number of children involved.

A mandatory direction of the court that is binding and enforceable upon the parties to a court proceeding. An "interim order" is a temporary order made following the hearing of an interim application. A "final order" is a permanent order, made following the trial of the court proceeding or the parties' settlement, following which the only recourse open to a dissatisfied party is to appeal. Failing to abide by the terms of an order may constitute contempt of court. See "appeal," "consent order," "contempt of court," "decision" and "declaration."

In contract law, a promise made by someone about a certain state of affairs, like "the plumbing was replaced last year" or "I had a vasectomy two years ago." See "misrepresentation."

A person licensed to practice law in a particular jurisdiction by that jurisdiction's law society. See "barrister and solicitor."

Under the Family Law Act, a term that describes the time a person who is not a guardian of a child, including a parent who is not a guardian, has with that child. Under the Divorce Act, a term that describes the time a person who is not a married spouse has with a child. See "guardian" and "parental responsibilities."

A dispute resolution process in which a specially-trained neutral person facilitates discussions between the parties to a legal dispute and helps them reach a compromise settling the dispute. See "alternative dispute resolution" and "family law mediator."

In family law, an antiquated term referring to child support and spousal support. See "child support" and "spousal support."

A payment made by one spouse to the other spouse to help with the recipient's day-to-day living expenses or to compensate the recipient for the financial choices the spouses made during the relationship.

A court proceeding in which one party sues another for a specific remedy or relief, also called a "lawsuit" or a "case." An action for divorce, for example, is a court proceeding in which the claimant sues the respondent for the relief of a divorce order.

With respect to courts, (1) the authority of the court to hear an action and make orders, (2) the limits of the authority of a particular judicial official, (3) the geographic location of a court, or (4) the territorial limits of a court's authority. With respect to governments, (5) the authority of a government to make legislation as determined by the constitution, or (6) the limits of authority of a particular government agency. See “constitution."

Normally referred to as the "Supreme Court of British Columbia," this court hears most of the trials in this province. The Supreme Court is a court of inherent jurisdiction and has no limits on the sorts of claims it can hear or on the sorts of orders it can make. Decisions of the Provincial Court are appealed to the Supreme Court; decisions of the Supreme Court are appealed to the Court of Appeal. See "Court of Appeal," "jurisdiction," "Provincial Court" and "Supreme Court of Canada."

A legal document required by the Provincial Court Family Rules to start a court proceeding which sets out the relief sought by the applicant against the person named as respondent. See "action," "applicant," "pleadings," "relief" and "respondent."

A court established and staffed by the provincial government, which includes Small Claims Court, Youth Court, and Family Court. The Provincial Court is the lowest level of court in British Columbia and is restricted in the sorts of matters it can deal with. It is, however, the most accessible of the two trial courts and no fees are charged to begin or defend a family law proceeding. The Family Court of the Provincial Court cannot deal with the division of family property or any claims under the Divorce Act. See "Divorce Act," "judge" and "jurisdiction."

A person appointed by the federal or provincial government to manage and decide court proceedings in an impartial manner, independent of influence by the parties, the government, or agents of the government. The decisions of a judge are binding upon the parties to the proceeding, subject to appeal.

A legal document required by the Provincial Court Family Rules to respond to a claim made in an applicant's Application to Obtain an Order. See "applicant," "Application to Obtain an Order," "claim" and "Counterclaim."

A legal document required by the rules of court in which a party to a court proceeding involving child support, spousal support, the division of property, or the division of debt must describe their income, expenses, assets, and liabilities under oath or affirmation. The Provincial Court Family Rules and the Supreme Court Family Rules each have a form called Financial Statement. See "affirm," "oath," and "perjury."

In law, any proceeding before a judicial official to determine questions of law and questions of fact, including the hearing of an application and the hearing of a trial. See "decision."

In law, a person named as an applicant, claimant, respondent, or third party in a court proceeding; someone asserting a claim in a court proceeding or against whom a claim has been brought. See "action" and "litigant."

Facts, or proof tending to support the existence of facts, presented to a judge at a hearing or trial. Evidence can be given through the oral testimony of witnesses, in writing as business records and other documents, or in the form of physical objects. Evidence must be admissible according to the rules of court and the rules of evidence. See "circumstantial evidence," "hearsay" and "testimony."

(1) A lawyer, or (2) the advice given by a lawyer to their client.

(1) A lawyer or a person other than a lawyer who helps clients with legal issues, or (2) to argue a position on behalf of someone.

(1) In law, a court proceeding; a lawsuit; an action; a cause of action; a claim. (2) A historic decision of the court; case law. See "action," "case law, " "court proceeding," and "precedent."