Difference between revisions of "My Ex Is Not Paying Child Support"

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=== First steps ===
=== First steps ===


# If you need a lawyer but cannot afford one on your own, see if you qualify for legal aid representation. (See [[Legal Aid Representation|Legal aid representation]] in the [[Resource 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.<br /><br />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 Centres|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 need a lawyer but cannot afford one on your own, see if you qualify for legal aid representation. (See [[Legal Aid Representation|Legal aid representation]] in the [[Resource 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.<br /><br />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 Centres|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 at [http://www.familylaw.lss.bc.ca/ 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 "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.
# 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 at [http://www.familylaw.lss.bc.ca/ 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 "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.


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