Spousal and Child Support (3:X): Difference between revisions
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{{REVIEWED LSLAP | date= | {{REVIEWED LSLAP | date= 23 June 2024}} | ||
{{LSLAP Manual TOC|expanded = family}} | {{LSLAP Manual TOC|expanded = family}} | ||
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=== 1. Family Maintenance Enforcement Act (RSBC 1996, c 127) [FMEA] === | === 1. Family Maintenance Enforcement Act (RSBC 1996, c 127) [FMEA] === | ||
The [https:// | The [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/96127_01 ''FMEA''], passed in 1988, gives the provincial government extensive powers to collect support arrears including: | ||
*A Notice of Attachment (s 17); | *A Notice of Attachment (s 17); | ||
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*Attachment of money owing by the Crown (s 25) including Income Tax refunds and Employment Insurance benefits directly from the Federal Crown. | *Attachment of money owing by the Crown (s 25) including Income Tax refunds and Employment Insurance benefits directly from the Federal Crown. | ||
The [https://www. | The [https://www.bcfma.ca/ BC Family Maintenance Agency] can only enforce support orders if the payor is in its jurisdiction or sister jurisdictions that will assist in enforcing the order. For a complete list of sister jurisdictions see https://www.bcfma.ca/paying-or-receiving-support/out-of-province/other-jurisdictions/. Any person who receives a support order or separation agreement that has been filed in court may voluntarily register with the program. | ||
=== 2. Reciprocal Enforcement === | === 2. Reciprocal Enforcement === | ||
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==== a) Employment and Income Assistance and Spousal Support ==== | ==== a) Employment and Income Assistance and Spousal Support ==== | ||
People can opt into this program so that the | People can opt into this program so that the BCFMA can continue to assist in collecting the support, but people can keep their support rather than having it deducted from other government assistance they are receiving, if any. | ||
==== b) Taxes and Spousal Support ==== | ==== b) Taxes and Spousal Support ==== | ||
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The definition of “child” varies slightly between the ''DA'' (s 2) and the ''FLA''. | The definition of “child” varies slightly between the ''DA'' (s 2) and the ''FLA''. | ||
Under the ''DA'', the definition of “child” is someone who is under the age of majority (19 years in B.C.) | Under the ''DA'', the definition of “child” is someone who is under the age of majority (19 years in B.C.) ''and'' who has not withdrawn from the parent’s charge, or who is at or over the age of majority but unable, by reason of illness, disability or other cause, to withdraw from parental charge or to obtain necessaries of life. Therefore, under the ''DA'', there may not be an obligation to pay child support to a child under 19, if the child has already withdrawn from the parent's charge. | ||
Under the ''FLA'', the definition of “child” is a person who is under 19 years of age or a person who is 19 years of age or older and unable, because of illness, disability or another reason, to obtain the necessities of life or withdraw from the charge of their parents or guardians. | Under the ''FLA'', the definition of “child” is a person who is under 19 years of age or a person who is 19 years of age or older and unable, because of illness, disability or another reason, to obtain the necessities of life or withdraw from the charge of their parents or guardians. | ||
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In BC, Family Justice Counsellors can track the status of Interjurisdictional Support Order (ISO) applications. If an applicant has questions on the status of their ISO application, they can talk to a Family Justice Counsellor at their local Family Justice Centre. | In BC, Family Justice Counsellors can track the status of Interjurisdictional Support Order (ISO) applications. If an applicant has questions on the status of their ISO application, they can talk to a Family Justice Counsellor at their local Family Justice Centre. | ||
To find the nearest Centre, contact Service BC through a phone call (1-800-663-7867 or | To find the nearest Centre, contact Service BC through a phone call (1-800-663-7867 or 604-660-2421) or text message (1-604-660-2421) between 7:30 a.m. and 5:00 p.m. PDT, Monday to Friday, and ask to be transfer or directed to a Family Justice Centre. | ||
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