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Difference between revisions of "Enforcing Support Orders and Agreements"
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Enforcing Support Orders and Agreements (view source)
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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= | {{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}} | ||
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. | ||
{{PLSStorybox | {{PLSStorybox | ||
| image = [[File:Irena.png|link=]] | | 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 | | 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.” <br>– Irena, Port Alberni, BC | ||
}} | }} | ||
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Spousal support or child support payments can be set out in a court order or a separation agreement. | Spousal support or child support payments can be set out in a court order or a separation agreement. | ||
A '''court order''' for support is a court’s decision that one person (the | 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. | ||
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 '''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. | ||
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* Attend an '''examination hearing'''. In this court hearing, you can question the payor under oath about their finances. | * Attend an '''examination hearing'''. In this court hearing, you can question the payor under oath about their finances. | ||
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. | 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 payor will have a chance to respond. | ||
The process of applying to court can be complicated. It’s a good idea to speak with a lawyer first. | |||
===Registering with the Family Maintenance Enforcement Program=== | ===Registering with the Family Maintenance Enforcement Program=== | ||
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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. | 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. | ||
{ | {| class="wikitable" | ||
| | |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. | |||
|} | |||
===What enforcement steps FMEP can take=== | ===What enforcement steps FMEP can take=== | ||
To enforce a support order or agreement, | 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. | ||
==== | ====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, it can: | 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 | * ask the federal government to '''suspend or deny''' a payor’s passport | ||
* tell ICBC to: | * tell ICBC to: | ||
** '''cancel''' a payor’s current driver’s licence | ** '''cancel''' a payor’s current driver’s licence | ||
** '''refuse to renew''' a payor’s 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) | ** '''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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===Can I take enforcement steps on my own while I’m enrolled with FMEP?=== | ===Can I take enforcement steps on my own while I’m enrolled with FMEP?=== | ||
No. You need to contact the program to get permission before you can take enforcement action on your own. | No. You need to contact the program to get permission '''before''' you can take enforcement action on your own. | ||
==Who can help== | ==Who can help== | ||
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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 | 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]] | ||
===Free and low-cost legal help=== | ===Free and low-cost legal help=== | ||
