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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}} | | <noinclude>{{Template:Clicklaw Wikibooks Contributor}}</noinclude>{{Contributor |
| 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.
| | | bio = '''Samantha Simpson''' is a subject editor for ''[[JP Boyd on Family Law]]'', and is jointly responsible for the pages on [[Family Violence Overview|Family Violence]]. Samantha's family law practice includes all areas of family law with a particular interest in disputes involving children, including child protection matters. While Samantha regularly appears in court, she is a certified collaborative family law lawyer who regularly uses means outside of the court system, such as negotiation and mediation. |
| | Samantha received her Bachelor of Social Work from McGill University and her Master of Science in Social Work from Columbia University. She studied law at the University of Victoria and was called to the British Columbia Bar in 2011. She received her certification as a collaborative family law lawyer in 2015. |
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| {{PLSStorybox
| | Samantha has taught family law at the University of British Columbia, and was a contributing author to the family violence section of the publication ''Family Law Act Transition Guide'', produced by Continuing Legal Education British Columbia. She has presented at the National Family Law Conference on the topic of queer parents and on the law around parental alienation. |
| | image = [[File:Irena.png|link=]]
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| | 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
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| }}
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| ==What you should know==
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| ===Court orders for support are different from agreements===
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| 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.
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| Spousal support or child support payments can be set out in a court order or a separation agreement.
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| 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.
| | Samantha's education and practical experience in the field of social work inspired her to pursue a career in family law. She is an associate with the firm of Jenkins Marzban Logan in Vancouver, and was called to the Bar in 2011. She is a 2010 graduate of the University of Victoria's law faculty. |
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| 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.
| | | name = Samantha Simpson |
| | | | image = [[image:ssimpson.png|150px|left|link=|Samantha Simpson]] |
| ===If child or spousal support is not paid===
| | | organization = Jenkins Marzban Logan |
| If a payor doesn’t pay support under a court order or agreement, they owe money.
| | | website = [http://www.jml.ca www.jml.ca] |
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| This is called '''arrears''' or '''arrears of support'''.
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| There are two ways a recipient can collect arrears. They can:
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| # take steps '''themselves''' to enforce the support order or agreement in court, or
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| # get help from a '''free''' government program called the Family Maintenance Enforcement Program.
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| ===Taking enforcement steps on your own===
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| 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:
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| * 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.
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| * Apply for an order '''to sell''' some of their property to pay the arrears.
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| 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:
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| * 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.
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| * Attend an '''examination hearing'''. In this court hearing, you can question the payor under oath about their finances.
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| 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.
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| ===Registering with the Family Maintenance Enforcement Program===
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| 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.
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| ====How to enroll in the program====
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| 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.
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| ====After you’re enrolled in the program====
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| 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.
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| To withdraw from the program, the person who enrolled the support order or agreement with FMEP needs to send a request in writing.
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| 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.
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| {{PLSTipsbox
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| | 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.
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| }} | | }} |
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| ===What enforcement steps FMEP can take===
| | <noinclude> |
| 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].
| | __NOGLOSSARY__ |
| | | [[Category:Contributor Bio|Simpson]] |
| If support payments are missed and arrears are owed, the enforcement steps the program can take depend on:
| | [[Category:JP Boyd on Family Law Contributors|Simpson]] |
| | | </noinclude> |
| * how much money is owed,
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| * the current situation of the payor, and
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| * the actions the program thinks have the best chance of success in the circumstances.
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| ====Notice of attachment====
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| 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.
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| ====Lien against property====
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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.
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| ====Cancelling or restricting the payor’s passport or driver’s licence====
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| When a payor falls $3,000 or more behind in support payments and FMEP has been unable to collect the support, it can:
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| * ask the federal government to '''suspend or deny''' a payor’s passport
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| * tell ICBC to:
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| ** '''cancel''' a payor’s current driver’s licence
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| ** '''refuse to renew''' a payor’s driver’s licence
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| ** '''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)
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| These are serious steps. FMEP takes them only after having tried unsuccessfully to collect the support payments in other ways.
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| ====Court enforcement====
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| 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.
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| ==Common questions==
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| ===How successful is FMEP in collecting arrears?===
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| 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.
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| ===When should I enroll with FMEP?===
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| 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.
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| ===Can I take enforcement steps on my own while I’m enrolled with FMEP?===
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| No. You need to contact the program to get permission '''before''' you can take enforcement action on your own.
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| ==Who can help==
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| ===With more information===
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| 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.
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| * [https://www.fmep.gov.bc.ca/ Visit website]
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| The '''BC government''' website has information about enforcing a support order or agreement through FMEP.
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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]
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| 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.
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| [[https://wiki.clicklaw.bc.ca/index.php/Enforcing_Orders_in_Family_Matters#Enforcing_orders_for_child_support_and_spousal_support Visit website]]
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| ===Free and low-cost legal help===
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| 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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