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{{Dial-A-Law TOC|expanded = family}}
==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.
==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.
==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.
==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'''.
[updated March 2018]
'''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.''' ----
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