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Difference between revisions of "Enforcing Support Orders and Agreements"
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Enforcing Support Orders and Agreements (view source)
Revision as of 20:55, 25 September 2023
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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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{| class="wikitable" | {| class="wikitable" | ||
|align="left"|''' | |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, | 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, | 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 | 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]] | ||
