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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 02:36, 9 June 2021
, 02:36, 9 June 2021no edit summary
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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= May 2021}} {{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. | ||
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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, the Family Maintenance Enforcement Program can take all legal steps the support recipient could take on their own — and more. For example, | 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]] | ||