Difference between revisions of "Enforcing Support Orders and Agreements"

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{{REVIEWEDPLS | reviewer = [https://www2.gov.bc.ca/gov/content/justice/about-bcs-justice-system/justice-services/maintenance-enforcement-locate-services Maintenance Enforcement & Locate Services], Ministry of Attorney General|date= March 2018}} {{Dial-A-Law TOC|expanded = divorce}}
{{REVIEWEDPLS | reviewer = [https://www2.gov.bc.ca/gov/content/justice/about-bcs-justice-system/justice-services/maintenance-enforcement-locate-services Maintenance Enforcement & Locate Services], Ministry of Attorney General|date= March 2018}} {{Dial-A-Law TOC|expanded = divorce}}
Unfortunately, some parties who owe child support or spousal support fail to make their payments. Learn the steps to take to '''enforce payments owed under a support order or agreement'''.
Many parents and spouses make support payments they owe under a support order or agreement. Unfortunately, some don’t make their payments. Learn what steps to take to enforce payments owed under a support order or agreement.


==Understand your legal rights==
{{PLSStorybox
| image = [[File:Irena.png|link=]]
| text      = “After we separated, my partner followed our separation agreement. He paid child support for both children for two years. Then he suddenly stopped paying after he got into a new relationship. I filed my separation agreement in court and registered with the Family Maintenance Enforcement Program. They’ve collected my child support payments for me every month for the last five years — for free.” – Irena, Port Alberni, BC
}}


===If spousal support or child support is not paid===
==What you should know==
After a couple separates, one of the parties may pay '''spousal support''' to the other to help with living expenses. If they had children, one parent may pay '''child support''' to the other to help cover the expenses associated with raising the children.


Spousal support or child support payments can be set out in a court order or a separation agreement.  
===Court orders for support are different from agreements===
After separation, one spouse may pay the other '''spousal support''' to help with living expenses. If the couple has children, one parent may pay the other '''child suppor'''t to help with the costs of raising them.


If the party who has to pay support does not do so, the money they owe is called “'''arrears'''” or “arrears of support”.
Spousal support or child support payments can be set out in a court order or a separation agreement.


There are two ways a party who is entitled to support can collect arrears:
A '''court order''' for support is a court’s decision that one person (the “payor”) pay the other person (the “recipient”) a certain amount, usually on a monthly basis. If support isn’t paid, the recipient can take steps to enforce a court order right away.
#they can take steps themselves to enforce the support order or agreement in court, or
#they can get help from a free government program, the Family Maintenance Enforcement Program.


===Court orders differ from separation agreements===
A '''separation agreement''', on the other hand, is a private contract between partners who have separated. It can be enforced in the courts under the law of contracts. But it’s simpler to '''file''' the separation agreement in court. This allows it to be enforced as if it were a court order.
A '''court order''' for the payment of support is a mandatory direction of the court. The party who is owed support can take steps to enforce a court order right away.  


A '''separation agreement''', on the other hand, is a private contract between a couple who has separated. Like any contract, it can be enforced in the courts under the law of contracts. But it’s simpler to '''file''' the separation agreement in court. This allows the agreement to be enforced as if it was a court order.
===If child or spousal support is not paid===
If a payor doesn’t pay support under a court order or agreement, they owe money.


===Enforcement steps you can take on your own===
This is called '''arrears''' or '''arrears of support'''.
If support payments are missed, the person owed support has several options to enforce payment. Where you have a support order or a separation agreement filed in court, you can (among other steps):
*Apply to '''garnish the wages''' of the person who owes support. This means their employer must send a portion of their wages to the court (up to 50%). That money can then be paid to you to cover the support arrears.
*Apply for an order that some of their '''property be sold''' to pay the arrears
*Apply for an order to '''seize''' (take money from) certain kinds of bank accounts and retirement savings accounts.  


There are also a number of ways you can force the other party to provide information about their finances. Doing so can help you figure out how to best collect the arrears. For example, you can require the other party to:
There are two ways a recipient can collect arrears. They can:
*Attend a '''default hearing'''. This is a court hearing where the other party will be required to produce a statement of their finances.
*Attend an '''examination hearing'''. This is a court hearing where you can question the other party under oath about their finances. 


For any of these steps, you must apply to court and explain to a judge why they should grant the order you are requesting. The process of applying to court can be complicated. It’s a good idea to speak with a lawyer first.
# take steps themselves to enforce the support order or agreement in court, or
# get help from a free government program called the Family Maintenance Enforcement Program.


===How the Family Maintenance Enforcement Program works===
===Taking enforcement steps on your own===
The '''Family Maintenance Enforcement Program''' (FMEP) is a free service provided by the provincial government. The program enforces support orders and agreements on behalf of the person who is owed support.
If a payor hasn’t made support payments to you, you have many options to enforce payment. As long as a support order or a separation agreement has been filed in court, some things you can do include:


====Enrolling in the program====
* Apply for a court order to '''garnish''' the payor's wages or bank accounts. This means that money from a payor’s wages or bank account is taken and redirected to you. Up to a maximum of 50% of the payor’s wages can be garnished. But, there is no limit on how much money can be garnished from a bank account.
Anyone with a support order or separation agreement filed in court can enroll in the Family Maintenance Enforcement Program. The application form is available online at [http://www.fmep.gov.bc.ca/ fmep.gov.bc.ca]. You can also call the program at 604-678-5670 in the Lower Mainland, 250-220-4040 in Greater Victoria, or 250-434-6020 in Northern and Interior BC.
* Apply for an order '''to sell''' some of their property to pay the arrears.


====On being enrolled in the program====
You can also force the payor to disclose information about their finances. Doing so can help you figure out how to best collect the arrears. For example, you can ask the payor to:
Once someone is enrolled in the Family Maintenance Enforcement Program, all support payments must be sent to the program. The program processes the payments and sends them on to the person owed support. The program tracks when payments are due, and when and how much gets paid. If payments are missed and arrears accumulate, there are several steps the program can take, explained shortly.


====Default fee====
* Attend a '''default hearing'''. This is a court hearing where the payor has to explain why they aren’t paying support. They also have to provide a statement of their finances.
Whenever a person who owes support misses or is late with two payments within the same calendar year, the program will automatically charge them a '''default fee'''. The fee goes to the BC government, not to the support recipient, to help the government cover the costs of operating the program.  
* Attend an '''examination hearing'''. In this court hearing, you can question the payor under oath about their finances.


===Steps the Family Maintenance Enforcement Program can take===
For any of these steps, you must apply to court and explain to a judge why the order you’re asking for should be granted. The process of applying to court can be complicated. It’s a good idea to speak with a lawyer first.
To enforce a support order or agreement, the Family Maintenance Enforcement Program can take all legal steps the support recipient could take on their own. The program can also take other steps the recipient cannot, like restricting the driver’s licence of the person who owes support (the “payor”) or taking away their passport.  


If support payments are missed and arrears are owed, the enforcement steps the program takes depend on how much arrears are owed, the current situation of the payor, and the actions the program thinks have the best chance of success in the circumstances.
===Registering with the Family Maintenance Enforcement Program===
The Family Maintenance Enforcement Program (FMEP) is a free service provided by the provincial government. FMEP enforces support orders and agreements. The program collects support owed from a payor and sends it to the recipient.


====Garnishment====
====How to enroll in the program====
If a support payment isn’t made, the program can intercept a portion of the wages owed to the payor, to cover the support owed.
Either a payor or recipient can enroll in FMEP as long as a support order or separation agreement has been filed in court. [http://www.fmep.gov.bc.ca/ The enrollment package is online]. Or you can request that FMEP mail you the package.
 
====After you’re enrolled in the program====
Once a case is enrolled, the payor sends all support payments to the program. FMEP processes them and then sends them on to the recipient. It tracks when payments are due, and how and when payments are made. If a payor misses payments and arrears add up, there are several steps FMEP can take. We explain this shortly.
 
To withdraw from the program, the person who enrolled the support order or agreement with FMEP needs to send a request in writing.
 
If it was the recipient who enrolled, they can withdraw at any time. If it was the payor who enrolled, the recipient has to agree to the payor’s withdrawal from the program.
 
{{PLSTipsbox
| text = After enrollment, a payor or recipient may want to '''change''' the support order or agreement. If they start any negotiations or legal action to make a change, they must let FMEP know.
}}
 
===What enforcement steps FMEP can take===
To enforce a support order or agreement, FMEP can take all legal steps the support recipient could take on their own — and more. For example, it can restrict the payor’s driver’s licence or take away their passport. [https://www.fmep.gov.bc.ca/paying-or-receiving-maintenance/enforcement-actions/ See the FMEP website for a full list of enforcement steps].
 
If support payments are missed and arrears are owed, the enforcement steps the program can take depend on:
 
* how much money is owed,
* the current situation of the payor, and
* the actions the program thinks have the best chance of success in the circumstances.


====Notice of attachment====
====Notice of attachment====
The program can issue a '''notice of attachment''' against any person or institution that owes money to the payor. The notice requires that money owed to the payor be redirected to the program (and then sent to the recipient). Institutions that can be attached include employers, banks, and WorkSafeBC. Payments from the federal government, like income tax refunds and Employment Insurance benefits, can also be attached.
FMEP can issue a '''notice of attachment''' to any person or institution that owes money to the payor. The notice requires that the funds be redirected to the recipient through the program. Sources that can be attached include employers, banks, and WorkSafeBC. Federal government payments — such as income tax refunds and Employment Insurance benefits can also be attached.


====Lien against property====
====Lien against property====
The program can file the support order against any property owned by the payor. Doing so means the property cannot be sold or re-mortgaged without the support arrears being dealt with first.
FMEP can file the support order against any property (whether a car, manufactured home, or land) owned by the payor. Doing so means the property can’t be sold or re-mortgaged without the support arrears being dealt with first.
 
====Cancelling or restricting the payor’s passport or driver’s licence====
When a payor falls $3,000 or more behind in support payments and FMEP has been unable to collect the support, it can:
 
* ask the federal government to '''suspend or deny''' a payor’s passport
* tell ICBC to:
** '''cancel''' a payor’s current driver’s licence
** '''refuse to renew''' a payor’s driver’s licence
** '''refuse to give or renew''' a payor’s [https://www.icbc.com/vehicle-registration/buy-vehicle/Pages/Registering-a-vehicle-in-B-C-.aspx motor vehicle licence] (without a vehicle licence, a payor can’t buy vehicle insurance)


====Restricting the payor’s passport or driver’s licence====
These are serious steps. FMEP takes them only after having tried unsuccessfully to collect the support payments in other ways.
When a payor has fallen $3,000 or more behind in support payments and all attempts to collect the support in other ways have been unsuccessful, the program can advise the federal government to suspend or deny a payor’s '''passport'''. It can also instruct ICBC to refuse to renew a payor’s '''driver’s licence'''.


====Court enforcement====  
====Court enforcement====
Ultimately, if the payor still doesn’t pay, the Family Maintenance Enforcement Program can bring the case to court. In court, the payor will be required to explain to the judge why payments are in arrears, and the judge can decide to take additional action to enforce payment of the arrears — including putting the payor in jail.
Ultimately, if a payor still doesn’t pay, FMEP can bring the case to court. In court, the payor has to explain why they didn’t pay support. The court can decide to take further action to enforce payment of the arrears — including putting the payor in jail.


==Common questions==
==Common questions==


===How successful is the Family Maintenance Enforcement Program in collecting arrears?===
===How successful is FMEP in collecting arrears?===
In the vast majority of cases, support recipients enrolled in the Family Maintenance Enforcement Program receive some or all of the support that is due each year. However, some payors make it very difficult for the program to collect — even going to the extent of leaving the country to avoid paying support. Others may have no income or assets, or may be receiving income assistance, which means it can take a long time to collect what is owed to recipients. But the Family Maintenance Enforcement Program will continue to pursue payments as long as the support recipient is enrolled with them.
In most cases, support recipients enrolled with the program get some or all of the support that is due to them each year. However, some payors make it very difficult for FMEP to collect — even leaving the country to avoid paying support. Others may have no income or assets, or may be receiving income assistance. So it can take a long time to collect what’s owed to recipients. But FMEP will continue to pursue payments as long as the support recipient is enrolled with them.


===How quickly should I act?===
===When should I enroll with FMEP?===
It is always a good idea to be proactive and enroll in the Family Maintenance Enforcement Program if there are problems around support payments. If you are owed support and the party owing you support misses a payment, you should enroll immediately.
It’s always a good idea to be proactive and enroll with the program if there are problems around support payments. If you’re a support recipient and the payor misses a payment, you should enroll immediately.


===Can I take steps on my own while I’m enrolled with the Family Maintenance Enforcement Program?===
===Can I take enforcement steps on my own while I’m enrolled with FMEP?===
If you are enrolled with the program, you must contact the program to get permission before taking enforcement action on your own.
No. You need to contact the program to get permission before you can take enforcement action on your own.  


==Get help==
==Who can help==


===With more information===
===With more information===
For more information about the '''Family Maintenance Enforcement Program''', visit their website at [http://www.fmep.gov.bc.ca/ fmep.gov.bc.ca]. Or call 604-678-5670 in the Lower Mainland, 250-220-4040 in Victoria, or toll-free 1-800-663-3455 elsewhere in BC.
The '''Family Maintenance Enforcement Program''' website explains how to enroll in the program. It also has information about the steps FMEP can take to enforce a support order or agreement. FMEP also has three client offices throughout BC.
 
* [https://www.fmep.gov.bc.ca/ Visit website]
 
The '''BC government''' website has information about enforcing a support order or agreement through FMEP.
 
* [https://www2.gov.bc.ca/gov/content/life-events/divorce/family-justice/who-can-help/family-maintenance-enforcement-program Visit website]
 
The wikibook ''JP Boyd on Family Law'', hosted by Courthouse Libraries BC, has [[Child Support Arrears|information on arrears of child support]] and [[Spousal Support Arrears|arrears of spousal support]]. It also has information about enforcing child and spousal support orders.
 
[[https://wiki.clicklaw.bc.ca/index.php/Enforcing_Orders_in_Family_Matters#Enforcing_orders_for_child_support_and_spousal_support|Visit website]]


The wikibook '''''JP Boyd on Family Law''''', hosted by Courthouse Libraries BC, has information on [http://wiki.clicklaw.bc.ca/index.php/Child_Support_Arrears arrears of child support] and [http://wiki.clicklaw.bc.ca/index.php/Spousal_Support_Arrears arrears of spousal support].
===Free and low-cost legal help===
Options for legal help include legal aid, pro bono services, legal clinics, and advocates. [[Free and Low-Cost Legal Help|See our information on free and low-cost legal help]].


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