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= February 2020}} {{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= May 2021}} {{Dial-A-Law TOC|expanded = divorce}}
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.
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.


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{| class="wikitable"
{| class="wikitable"
|align="left"|'''Tip'''
|align="left"|'''Changes to the order or agreement'''
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.
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===
===What enforcement steps FMEP can take===
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 — and more. For example, FMEP can restrict the payor’s driver’s licence or take away their passport. We explain several steps here. [https://www.fmep.gov.bc.ca/paying-or-receiving-maintenance/enforcement-actions/ See the FMEP website for a full list of enforcement steps the program can take].
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 — and more. For example, it can cancel the payor’s driver’s licence or take away their passport. We explain several steps here. [https://www.fmep.gov.bc.ca/paying-or-receiving-maintenance/enforcement-actions/ See the FMEP website for a full list of enforcement steps the program can take].


If support payments are missed and arrears are owed, the enforcement steps the program can take depend on:
If support payments are missed and arrears are owed, the enforcement steps the program can take depend on:
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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.
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====
====Cancel driver’s licence or suspend passport====
When a payor falls $3,000 or more behind in support payments and FMEP has been unable to collect the support, the program has additional steps it can take. FMEP can ask the federal government to suspend or deny a payor’s passport. As well, FMEP can tell ICBC to cancel or refuse to renew a payor’s current driver’s licence, or 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).
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)


These are serious steps. FMEP takes them only after having tried unsuccessfully to collect the support payments in other ways.
These are serious steps. FMEP takes them only after having tried unsuccessfully to collect the support payments in other ways.  


====Court enforcement====
====Court enforcement====
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* [https://www2.gov.bc.ca/gov/content/life-events/divorce/family-justice/who-can-help/family-maintenance-enforcement-program Visit website]
* [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.
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 [https://wiki.clicklaw.bc.ca/index.php/Spousal_Support_Arrears arrears of spousal support]. It also has information about enforcing child and spousal support orders.
 
* [[Enforcing Orders in Family Matters|Visit website]]
* [[Enforcing Orders in Family Matters|Visit website]]


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