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Difference between revisions of "Child Support Arrears"
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| resourcetype = phone contacts for the | | resourcetype = phone contacts for the | ||
| link = [[Family Maintenance Enforcement Program|Family Maintenance <br>Enforcement Program]] | | link = [[Family Maintenance Enforcement Program|Family Maintenance <br>Enforcement Program]] | ||
}}The collection of debts and enforcement of judgments occupies a whole course at law school and is not a simple matter. The provincial government has, however, established an agency responsible for enforcing support obligations, the Family Maintenance Enforcement Program. Someone who is entitled to receive support under an order or agreement can sign up with this program and the program will tend to the enforcement of the support or agreement without a great deal of further involvement on the part of the recipient. | }}The collection of debts and enforcement of judgments occupies a whole course at law school and is not a simple matter. The provincial government has, however, established an agency responsible for enforcing support obligations, the Family Maintenance Enforcement Program. Someone who is entitled to receive child or spousal support under an order or agreement can sign up with this program and the program will tend to the enforcement of the support or agreement without a great deal of further involvement on the part of the recipient. | ||
FMEP is free for recipients. All you have to do is file your order or filed | FMEP is free for recipients. All you have to do is file your order or separation agreement (which first needs to be filed in court - you can do that by attending at the court registry and asking them to file the agreement) with the program and fill out an application form. FMEP will take the matter from there, and the program is authorized by the ''[http://canlii.ca/t/840m Family Maintenance Enforcement Act]'' to take whatever legal steps are required to enforce an ongoing support obligation, and track and collect on any unpaid support, plus interest accumulating on those arrears. | ||
Under the ''[http://canlii.ca/t/840m Family Maintenance Enforcement Act]'', FMEP has the authority to commence and conduct any court proceedings that can be undertaken by a private creditor, as well as some unique actions that the program alone can take. Among FMEP's collection powers are: | Under the ''[http://canlii.ca/t/840m Family Maintenance Enforcement Act]'', FMEP has the authority to commence and conduct any court proceedings that can be undertaken by a private creditor, as well as some unique actions that the program alone can take. Among FMEP's collection powers are: | ||
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Section 148(3) of the ''[[Family Law Act]]'' allows a party to an agreement, usually a separation agreement, to file the agreement in the Provincial Court or in the Supreme Court. An agreement that is filed in court can be enforced as if it were an order of the court. It is not necessary for a court proceeding to have been started before an agreement can be filed in court. | Section 148(3) of the ''[[Family Law Act]]'' allows a party to an agreement, usually a separation agreement, to file the agreement in the Provincial Court or in the Supreme Court. An agreement that is filed in court can be enforced as if it were an order of the court. It is not necessary for a court proceeding to have been started before an agreement can be filed in court. | ||
FMEP will enforce agreements for support, however they require that | FMEP will enforce agreements for support, however they require that the agreement be filed in court first and sent to them with the court's stamp before they can enforce the agreement. | ||
You can find more information about enforcing agreements in the chapter [[Family Law Agreements]], in particular within the section [[Enforcing Family Law Agreements]]. | You can find more information about enforcing agreements in the chapter [[Family Law Agreements]], in particular within the section [[Enforcing Family Law Agreements]]. | ||
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See also the section about Getting an Order Outside British Columbia and the ''[http://canlii.ca/t/84l3 Interjurisdictional Support Orders Act]''. | See also the section about Getting an Order Outside British Columbia and the ''[http://canlii.ca/t/84l3 Interjurisdictional Support Orders Act]''. | ||
Foreign orders which are | Foreign orders which are recognized by the courts of this province and are filed may be enforced by FMEP as if they were orders made by the courts of British Columbia. | ||
You can find more information about enforcing orders in the chapter [[Resolving Problems in Court]] within the section [[Enforcing Orders in Family Matters]]. | You can find more information about enforcing orders in the chapter [[Resolving Problems in Court]] within the section [[Enforcing Orders in Family Matters]]. | ||