My Ex Is Not Paying Child Support: Difference between revisions
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| text = '''Alert:''' Extensive changes to family law in British Columbia came into effect on March 18, 2013. | | text = '''Alert:''' Extensive changes to family law in British Columbia came into effect on March 18, 2013. ''[[JP Boyd on Family Law]]'' has extensive, updated coverage of [[Child Support Arrears]].<br> | ||
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Any parent | 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 [[Child Support Guidelines]]. The amount depends on how many children there are and what the payor parent earns. | ||
== If you HAVE a court order == | == If you HAVE a court order == | ||
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=== First steps === | === First steps === | ||
# 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 child support for you. | #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) <span class="noglossary">will</span> collect child support for you. | ||
# If you are not on social assistance, you can 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 free, and probably the simplest way to collect on a child support order from a reluctant payor. | #If you are not on social assistance, you can enrol with the [[Family Maintenance Enforcement Program]], which <span class="noglossary">will</span> take steps, including further court action, to enforce the order for you. The Family Maintenance Enforcement Program, also called FMEP, is free, and probably the simplest way to collect on a child support order from a reluctant payor. | ||
# You may qualify for [[Legal Aid Representation|legal aid representation]]. If you are approved for legal aid representation, a legal aid lawyer can help you collect child support.<br />If you don't qualify for legal aid representation, 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 child or spousal support in Family Court. | #You may qualify for [[Legal Aid Representation|legal aid <span class="noglossary">representation</span>]]. If you are approved for legal aid <span class="noglossary">representation</span>, a legal aid lawyer can help you collect child support.<br />If you don't qualify for legal aid <span class="noglossary">representation</span>, you may wish to <span class="noglossary">contact</span> a [[Family Justice Centres|Family Justice Centre]]. Counsellors at Family Justice Centres can provide information, mediation and assistance with applications involving child or spousal support in Family Court. | ||
=== What happens next === | === What happens next === | ||
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 pay cheques or bank accounts, intercepting Employment Insurance payments and income tax refunds, and arranging for withholding driver's licenses or passports. | Once you have registered with the Family Maintenance Enforcement Program, one of its workers <span class="noglossary">will</span> <span class="noglossary">contact</span> the other parent to see if he or she <span class="noglossary">will</span> agree to make voluntary payments. If that doesn't work, FMEP can take a number of steps against the other parent, such as garnishing pay cheques 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 == | == If you DON'T have a court order == | ||
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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|legal aid representation]]. If you qualify, the Legal Services Society will appoint a lawyer to advise you and represent you in court. <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 child or spousal support in Family Court. However, they have no jurisdiction to help with claims for divorce, division of property, debts 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|legal aid <span class="noglossary">representation</span>]]. If you qualify, the Legal Services Society <span class="noglossary">will</span> appoint a lawyer to advise you and represent you in court. <br />Whether or not you qualify for legal aid <span class="noglossary">representation</span> or a lawyer through the Ministry of Social Development, you may wish to <span class="noglossary">contact</span> a [[Family Justice Centres|Family Justice Centre]]. Counsellors at Family Justice Centres can provide information, mediation and assistance with applications involving child or spousal support in Family Court. However, they have no jurisdiction to help with claims for divorce, division of property, debts and other Supreme Court matters. | ||
# If you want to apply for maintenance in Family Court, complete an [http://j.mp/yoabyq '''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" | #If you want to apply for maintenance in Family Court, complete an [http://j.mp/yoabyq '''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 <span class="noglossary">will</span> 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 <span class="noglossary">will</span> eventually have a chance to speak to the judge before a final order is made. | ||
=== What happens next === | === What happens next === | ||
Once you have filed an application to obtain an order asking for child support, the other parent will be required to file a | Once you have filed an application to obtain an order asking for child support, the other parent <span class="noglossary">will</span> be required to file a ''reply'' and a ''financial statement'' (or a ''statement of finances'' for FMEP matters). A date <span class="noglossary">will</span> be set for a hearing by the Family Court registry. | ||
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. | 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. | ||
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== Where to get help == | == Where to get help == | ||
See the [[Resource List]] in this Guide for a list of helpful resources. Your best bets are: | See the [[Resource List for Legal Help for British Columbians|Resource List]] in this Guide for a list of helpful resources. Your best bets are: | ||
* [[Legal Aid Representation|Legal aid representation]], to see if you qualify for legal aid. | *[[Legal Aid Representation|Legal aid <span class="noglossary">representation</span>]], to see if you qualify for legal aid. | ||
* [[Family Maintenance Enforcement Program]], to enrol with the program for free. | *[[Family Maintenance Enforcement Program]], to enrol with the program for free. | ||
* [[Family Law in BC]] website, for forms, self-help materials and other legal information about child and spousal support. | *[[Family Law in BC]] website, for forms, self-help materials and other legal information about child and spousal support. | ||
* [[Duty Counsel|Family Duty Counsel]] (Provincial or Supreme), for some assistance on the day you have to appear in court. | *[[Duty Counsel|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 Centres]], to make an appointment with a family justice counsellor to discuss support. | ||
* [[Family LawLINE]]. | *[[Family LawLINE]]. | ||
* [[Access Pro Bono]], [[Lawyer Referral Service]], and [[Private Bar Lawyers]]. | *[[Access Pro Bono]], [[Lawyer Referral Service]], and [[Private Bar Lawyers|private bar lawyers]]. | ||
* The Clicklaw common question "[http://www.clicklaw.bc.ca/question/commonquestion/1009 My ex stopped paying child support when he moved out of province]" | *The Clicklaw common question "[http://www.clicklaw.bc.ca/question/commonquestion/1009 My ex stopped paying child support when he moved out of province]." | ||
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. | 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. | ||
{{ | {{REVIEWED | reviewer = [[Annie Kaderly]], March 2013}} | ||
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