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 that he or she should pay is set out in the Federal Child Support Guidelines.
If you HAVE a court order[edit]
First steps[edit]
- 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 the child support for you.
- If you are not on social assistance, you may qualify for legal aid representation. 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. Counsellors at Family Justice Centres can provide information, mediation and assistance with applications involving maintenance (child or spousal support) in Family Court. - You can also 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 probably the simplest way to collect on a child support order from a reluctant payor, and it's free to register.
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 wages 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]
- If you need a lawyer but cannot afford one on your own, see if you qualify for legal aid representation. 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 the Ministry of Social Development, 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 claims for divorce, division of property, and other Supreme Court matters. - 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. 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 do not feel it is safe to wait for an order, 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:
- Legal aid representation, to see if you qualify for legal aid.
- Family Maintenance Enforcement Program, to enrol with the program.
- Family Law in BC website, for forms, self-help materials and other legal information about maintenance (child and spousal support).
- Clicklaw's "Court Forms & Guides" page, which features a flow chart to find the court rules, forms and self-help guides needed when going to court.
- Family Duty Counsel (Provincial or Supreme), for some assistance on the day you have to appear in court.
- Family Justice Centres, to make an appointment with a Family Justice Counsellor to discuss maintenance.
- Family LawLINE.
- Access Pro Bono, Lawyer Referral Service, Salvation Army Pro Bono Lawyer Consultation Program, and Private Bar Lawyers.
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 Guide explains the law and legal procedures in general. It is not intended to give legal advice on your particular legal problem, and should not be relied on for that purpose. Information in this Guide is accurate as at November 2012. Please note that fees and guidelines outlined in the Guide are subject to change. |