What If My Ex Refuses to Pay Child Support?
FAQs
What Happens if My Ex-Partner Refuses to Pay Child Support?
If your ex-partner refuses to pay child support, there are legal remedies available to enforce payment in British Columbia. Child support is a legal obligation, and failing to pay can result in significant consequences for the non-compliant parent. Enforcement is managed through the Family Maintenance Enforcement Program (FMEP) or the courts.
Steps to Address Non-Payment of Child Support
Contact the Family Maintenance Enforcement Program (FMEP)
- FMEP is a free service provided by the BC government to enforce child support orders and agreements.
- Once registered, FMEP can collect child support directly from the payor and take enforcement actions if payments are missed.
File a Contempt Application in Court
- If your ex-partner deliberately refuses to comply with a child support order, you can apply to the court for enforcement. The court may impose penalties or compel payment.
Request Wage Garnishment
- FMEP or the court can order garnishment of wages, where child support is deducted directly from the payor’s income.
Seizure of Assets
- The court or FMEP can seize property, such as bank accounts, vehicles, or other assets, to recover unpaid child support.
Withhold Federal Payments
- FMEP can intercept federal payments, such as tax refunds or Employment Insurance benefits, to cover outstanding child support.
Suspend Licenses
- The payor’s driver’s license, passport, or other government-issued licenses can be suspended until payments are made.
Impose Fines or Jail Time
- In extreme cases of willful non-payment, the court can impose fines or even jail time for contempt of court.
What to Do First
Document the Missed Payments
- Keep detailed records of missed payments, including dates and amounts owed.
Communicate with the Payor
- Attempt to resolve the issue directly by discussing the reasons for non-payment. Sometimes, missed payments result from financial hardship, and temporary adjustments can be negotiated.
Consult a Family Lawyer
- Seek legal advice to explore your options and ensure your actions comply with BC family law.
Example in a Vancouver Context
A parent in Vancouver is owed $10,000 in unpaid child support. After registering with FMEP, enforcement actions are taken, including garnishing the payor’s wages and intercepting their tax refund. When payments remain overdue, FMEP suspends the payor’s driver’s license, prompting compliance.
Consequences for Non-Payment
Financial Penalties
- Interest may accrue on unpaid child support, increasing the payor’s debt.
Legal Consequences
- The court may issue enforcement orders or hold the payor in contempt of court.
Credit Impact
- Non-payment can negatively affect the payor’s credit score.
Seek Legal Assistance
If your ex-partner is refusing to pay child support, Mills Family Law, experienced Vancouver family lawyers, can assist in enforcing payments and protecting your child’s financial well-being. Call us at 778-945-3003 or fill out our web form to get started today.
Related FAQs
For more details, visit the Family Maintenance Enforcement Program (FMEP) or consult a family lawyer for personalized advice.
