This script explains the enforcement of court orders and separation agreements that require Unfortunately, some parties who owe child support or spousal or child support fail to be paidmake their payments. Learn the steps to take to enforce payments owed under a support order or agreement.

The references to “parent” apply to everyone who ===If spousal support or child support is not paid=== After a parentcouple separates, including married and unmarried spousesone of the parties may pay '''spousal support''' to the other to help with living expenses. If they had children, one parent may pay '''child support''' to stepparents, and the other to people who were never in a married or unmarried relationship but have a child togetherhelp cover the expenses associated with raising the children.

==Support==This script talks about child Spousal support, which is money paid by spouses and parents, and about spousal support, sometimes called maintenance or alimony, which is money paid by spouses. In this script, a “payor” is someone who is required to pay child support or spousal support as a result of payments can be set out in a court order or a separation agreement; a “recipient” is someone who is entitled to receive child support or spousal support from a payor.

==What if a payor fails to pay support==A spouse or parent If the party who has to pay support because of a court order or separation agreement, may does not pay the support as required. When the payor stops paying all or some of the required support paymentsdo so, a debt begins to accumulate to the person who is supposed to get the payments—the recipient. The money owed they owe is called the payor’s “arrears” “'''arrears'''” or “arrears of support”.

==Court orders and separation agreements There are different==two ways a party who is entitled to support can collect arrears:A court order for the payment of support is a mandatory direction of the court, and the recipient #they can take steps themselves to enforce a court the support order right away. A separation or agreementin court, on the other hand, is or #they can get help from a private contract between the spouses. To enforce a separation agreementfree government program, it must be first filed in either the Provincial Court or the Supreme Court and then it can be enforced in the same ways a court order can be enforcedFamily Maintenance Enforcement Program.

==How to collect arrears of support?=Court orders differ from separation agreements===There are two ways:*get help from A '''court order''' for the payment of support is a mandatory direction of the Family Maintenance Enforcement Program; or*court. The party who is owed support can take steps to enforce the a court order or agreement in courtright away.

==What is A '''separation agreement''', on the Family Maintenance Enforcement Program?==The Family Maintenance Enforcement Program (FMEP) other hand, is a private contract between a couple who has separated. Like any contract, it can be enforced in the courts under the law of contracts. But it’s simpler to '''file'free'' service provided by the provincial governmentseparation agreement in court. It monitors support payments and enforces court orders and filed separation agreements where support is This allows the agreement to be paid. There’s no cost for the services of this programenforced as if it was a court order.

==How to enroll in FMEP?=Enforcement steps you can take on your own===Anyone who If support payments are missed, the person owed support has several options to enforce payment. Where you have a support order or a separation agreement filed in court , you can enroll(among other steps):*Apply to '''garnish the wages''' of the person who owes support. The application form and information about This means their employer must send a portion of their wages to the program is available online at [http://wwwcourt (up to 50%).fmep.gov.bc.ca www.fmep.gov.bc.ca], or by phone 604.678.5670 in That money can then be paid to you to cover the lower mainland, 250support arrears.220.4040 in *Apply for an order that some of their '''property be sold''' to pay the Greater Victoria area, or 250arrears.434.6020 in Northern *Apply for an order to '''seize''' (take money from) certain kinds of bank accounts and Interior BCretirement savings accounts.

==FMEP assumes responsibility for enforcing There are also a number of ways you can force the other party to provide information about their finances. Doing so can help you figure out how to best collect the order or agreement==arrears. For example, you can require the other party to:FMEP *Attend a '''default hearing'''. This is a court hearing where the other party will begin be required to enforce the order or agreement on behalf produce a statement of their finances.*Attend an '''examination hearing'''. This is a court hearing where you can question the recipient, as soon as all necessary enrollment information is collectedother party under oath about their finances.

The program can take all legal actions that the recipient could takeFor any of these steps, as well as you must apply to court and explain to a lot of other actions that judge why they should grant the recipient cannot, like restricting the payor’s driver’s licence or taking away his or her passportorder you are requesting. The enforcement action(s) that FMEP will use are dependent on how much money the payor owes, what FMEP knows about the payor’s current situation, and the actions FMEP determines will have the best chance process of success in each particular caseapplying to court can be complicated. It’s a good idea to speak with a lawyer first.

==How does FMEP enforce an order or agreement?the Family Maintenance Enforcement Program works==Once the recipient has enrolled in FMEP, all support payments must be sent to the program. FMEP will then process and send the payments on to the recipient. FMEP will track when payments are due, and when and how much gets paid. If payments are missed and arrears accumulate, there are several steps the FMEP can take, including:*The '''GarnishmentFamily Maintenance Enforcement Program''': If (FMEP) is a payment isn’t made, free service provided by the program can seize the wages owed to the payor to cover the support owed.*'''Notice of Attachment''': The program can issue a Notice of Attachment against any person or institution that owes money to the payor, so that the money can be redirected to the program and then sent to the recipient. The institutions that can be attached include employers, banks and the Workers’ Compensation Board. Payments from the Government of Canada, like tax refunds, Employment Insurance payments and other federal payments or rebates, can also be attachedprovincial government.*'''Property Liens''': The program can file enforces support orders against property owned by the payor, so that the property cannot be sold or re-mortgaged without the arrears being dealt with first.*'''License Denial/Suspension''': When a payor has fallen $3,000 or more behind in maintenance payments and all attempts to collect the maintenance in other ways have been unsuccessful, the program can advise the Federal Government to suspend or deny a payor’s passport and/or aviation or marine licences, as well as instruct ICBC to refuse to renew a payor’s drivers licence.*'''Default Fee''': Whenever a payor misses or is late with two payments within the same calendar year, FMEP will automatically charge the payor a Default Fee. The fee goes to the BC government, not to the recipient, to help the government cover the costs of operating this program. FMEP will also charge the payor daily interests agreements on any late payments. All interest goes to the recipient.*'''Court Enforcement''': Ultimately, if the payor still doesn’t pay, the FMEP can bring the case to court. In court, the payor will be required to explain to the judge why payments are in arrears, and the judge can decide to take additional action to enforce payment behalf of the arrears—up to and including a jail sentence in some casesperson who is owed support.

==How successful is FMEP ==Enrolling in collecting arrears?the program====The FMEP will do their best to collect maintenance payments. In the vast majority of cases, recipients receive some Anyone with a support order or all of separation agreement filed in court can enroll in the support that Family Maintenance Enforcement Program. The application form is due each yearavailable online at [http://www. However, some payors make it very difficult for fmep.gov.bc.ca/ fmep.gov.bc.ca]. You can also call the FMEP to collect—even going to program at 604-678-5670 in the extent of leaving the country to avoid paying maintenance. Others may have no income or assetsLower Mainland, or may be receiving income assistance250-220-4040 in Greater Victoria, which means it may take a long time to collect what is owed to recipients. But FMEP will continue to pursue payments as long as the maintenance order or agreement is enrolled with them250-434-6020 in Northern and Interior BC.

==It is necessary to act promptly==On being enrolled in the program====It Once someone is always a good idea to be proactive and enroll enrolled in FMEPthe Family Maintenance Enforcement Program, if there are problems around all support paymentsmust be sent to the program. If The program processes the recipient has not yet enrolled in FMEP payments and sends them on to the payor misses a payment or doesn’t pay the full amount of owingperson owed support. The program tracks when payments are due, the recipient should enroll immediatelyand when and how much gets paid. If the recipient decides to enforce their order or separation agreement on their ownpayments are missed and arrears accumulate, without the help of there are several steps the FMEP, they should be aware that collecting on court orders or separation agreements program can be time-consuming and difficult; thustake, the recipient should talk to a lawyer and discuss the options available to collect arrearsexplained shortly.

==In general, it’s best to let FMEP deal with arrears==Default fee==== FMEP Whenever a person who owes support misses or is free and can do all late with two payments within the things same calendar year, the recipient can do to enforce program will automatically charge them a support obligation and more'''default fee'''. If The fee goes to the BC government, not to the support recipient wishes to pursue independent enforcement action while enrolled with FMEP, she or he must contact FMEP to obtain permission before doing sohelp the government cover the costs of operating the program.

==What steps =Steps the Family Maintenance Enforcement Program can the recipient take?===If the recipient decides not to use FMEP, court orders and filed separation agreements for To enforce a support can be enforced under the ''Family Law Act''order or agreement, the ''Family Maintenance Enforcement Act'' and through certain provisions of Program can take all legal steps the Supreme Court Family Rulessupport recipient could take on their own. The program can also take other steps the recipient cancannot, among other things:like restricting the driver’s licence of the person who owes support (the “payor”) or taking away their passport.

*apply to garnish If support payments are missed and arrears are owed, the enforcement steps the program takes depend on how much arrears are owed, the payor’s wages;*apply for an order that some current situation of the payor’s property be sold to pay payor, and the actions the arrears; and*apply for an order to seize certain kinds program thinks have the best chance of bank accounts and RRSP accountssuccess in the circumstances.

There are also ====Garnishment====If a number support payment isn’t made, the program can intercept a portion of ways the recipient can force wages owed to the payor , to provide information about his or her finances. This may help to figure out how to best collect cover the arrearssupport owed. For example, the recipient can require the payor to:

*attend a default hearing before a judge and produce ====Notice of attachment====The program can issue a statement '''notice of his attachment''' against any person or her finances; or*attend a hearing in institution that owes money to the payor. The notice requires that money owed to the payor be redirected to the Supreme Court called an Examination in Aid of Execution program (and then sent to the recipient). Institutions that can be questioned under oath about his or her financesattached include employers, banks, and WorkSafeBC. Payments from the federal government, like income tax refunds and Employment Insurance benefits, can also be attached.

In ====Lien against property====The program can file the support order to proceed with against any of property owned by the steps, payor. Doing so means the recipient will have to make a court application and explain to a judge why a particular order should property cannot be granted. Because sold or re-mortgaged without the court application process can be complicated, it’s a good idea to speak to a lawyer support arrears being dealt with first.

==More information==Restricting the payor’s passport or driver’s licence====*For When a payor has fallen $3,000 or more information about behind in support payments and all attempts to collect the Family Maintenance Enforcement Programsupport in other ways have been unsuccessful, visit their website at [http://www.fmep.gov.bc.ca/ www.fmep.gov.bc.ca]. Or call FMEP at 604.678.5670 in the lower mainland, 250.220.4040 in Victoria program can advise the federal government to suspend or toll-free 1deny a payor’s '''passport'''.800.663.3455 elsewhere in BCIt can also instruct ICBC to refuse to renew a payor’s '''driver’s licence'''.

*====Court enforcement==== Ultimately, if the payor still doesn’t pay, the Family Maintenance Enforcement Program can bring the case to court. In court, the payor will be required to explain to the judge why payments are in arrears, and the judge can decide to take additional action to enforce payment of the arrears — including putting the payor in jail. ==Common questions== ===How successful is the Family Maintenance Enforcement Program in collecting arrears?===In the vast majority of cases, support recipients enrolled in the Family Maintenance Enforcement Program receive some or all of the support that is due each year. However, some payors make it very difficult for the program to collect — even going to the extent of leaving the country to avoid paying support. Others may have no income or assets, or may be receiving income assistance, which means it can take a long time to collect what is owed to recipients. But the Family Maintenance Enforcement Program will continue to pursue payments as long as the support recipient is enrolled with them. ===How quickly should I act?===It is always a good idea to be proactive and enroll in the Family Maintenance Enforcement Program if there are problems around support payments. If you are owed support and the party owing you support misses a payment, you should enroll immediately.  ===Can I take steps on my own while I’m enrolled with the Family Maintenance Enforcement Program?===If you are enrolled with the program, you must contact the program to get permission before taking enforcement action on your own.  ==Get help== ===With more information===For more information about the '''Family Maintenance Enforcement Program''', visit their website at [http://www.fmep.gov.bc.ca/ fmep.gov.bc.ca]. Or call 604-678-5670 in the Lower Mainland, 250-220-4040 in Victoria, or toll-free 1-800-663-3455 elsewhere in BC. The wikibook '''''JP Boyd on Family Law''''', provided hosted by Courthouse Libraries BC, has information on [http://wiki.clicklaw.bc.ca/index.php/Child_Support_Arrears arrears of child support] and [http://wiki.clicklaw.bc.ca/index.php/Spousal_Support_Arrears arrears of spousal support].

'''The above was last reviewed for legal accuracy by Victor Liang[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.''' ----