In British Columbia, ensuring that children receive the financial support they are entitled to is a critical aspect of family law. When a parent fails to meet their child support obligations, there are several mechanisms in place to enforce these payments and uphold the best interests of the child.
Legal Framework for Child Support
Child support in British Columbia is governed by both federal and provincial legislation, including the Family Law Act and the Divorce Act. These laws stipulate that both parents share the responsibility of financially supporting their children, regardless of their marital status or living arrangements. The amount of child support is typically determined based on the Federal Child Support Guidelines, which consider factors such as:
The payor parent's income.
The number of children requiring support.
Any special or extraordinary expenses, such as medical costs or educational needs.
Methods of Enforcing Child Support
When a parent does not comply with a child support order or agreement, enforcement can be pursued through the following avenues:
Family Maintenance Enforcement Program (FMEP):
The FMEP is a provincial government service established to monitor and enforce maintenance orders and agreements for child and spousal support. In British Columbia, this program is managed by the British Columbia Family Maintenance Agency (BCFMA). Once enrolled, the BCFMA has the authority to take various enforcement actions, including:
Garnishing Wages and Federal Payments: Issuing Notices of Attachment to redirect wages, federal payments (such as income tax refunds), or other sources of income directly to the recipient.
Reporting to Credit Bureaus: Notifying credit agencies of missed payments, which can affect the payor's credit rating.
Driver's License Suspension: Requesting the suspension or non-renewal of the payor's driver's license until arrears are paid.
Liens on Property: Placing liens on the payor's personal or real property, preventing its sale or refinancing until child support debts are settled.
These measures are designed to encourage compliance and ensure that children receive the support they need.
Legal Action Through the Courts:
For one to obtain a desirable result through the BCFMA, the order for child support or the child support agreement must be specific concerning the obligation of the payor parent. If the BCFMA's interventions are unsuccessful or if the support order is not specific enough for the BCFMA to enforce, legal action may then be necessary. This may involve:
Filing a Court Application: Seeking a court order to enforce the existing child support agreement or to find the non-compliant parent in contempt of court. The applicant may also seek a court order granting or approving extra-ordinary expenses.
Imposing Penalties: The court may impose fines or other penalties on the non-compliant parent to compel payment.
Engaging a family law lawyer experienced in child support enforcement can provide valuable guidance and representation throughout this process.
Considerations for Enforcement
When pursuing enforcement of child support, consider the following:
Clarity and Specificity of Orders: Ensure that your separation agreement or court order clearly specifies the amount, frequency, and duration of child support payments. This clarity facilitates enforcement by the BCFMA or the courts.
Documentation: Maintain accurate records of all payments received and any communication with the payor regarding support. This documentation can be crucial in enforcement proceedings.
Professional Advice: Consulting with a family lawyer can help you understand your rights and the most effective enforcement options based on your circumstances.
Conclusion
Ensuring that child support obligations are met is essential for the well-being and stability of children. By understanding and utilizing the enforcement mechanisms available in British Columbia, parents can take appropriate steps to secure the financial support their children are entitled to.
Arcstone Law Corporation helps parents and guardians with the legal process of finalizing separation agreements and enforcing child support orders and agreements. You can reach us by email at admin@arcstonelaw.com or schedule a consultation on our website. All legal services are provided by Arcstone, a law corporation.
Contributor:
Name: 'Bolanle Oduntan*
Title: Managing Lawyer
Email: bolanle@arcstonelaw.com
*practicing through Arcstone Law Corporation
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