BC Child Support – What Happens When Your Spouse Doesn’t Pay

Child Support is the right of the child, not your right and not your spouse’s right. If you have the obligation to receive child support on behalf of your child, you are assumed to spend the child support amount on your child and no one else.

How do you get BC Child Support?

In British Columbia, Vancouver, Surrey and all other cities in the province, the law says that if you have custody or care and control of your child more than 60% of the time, then you need to determine how much the other parent earns annually. Once you obtain this information, you should refer to the Child Support Calculator which calculates how much the other parent must pay per month for BC Child Support.

If you and the other parent share the custody or care and control of your child or children, then your respective incomes will be set off against one another and if one parent earns more than the other, some child support will be payable. For example, if you each earn $50,000 per year and share your children on a 50/50 basis, then neither of you have to pay child support to one another.

What if the Other Parent Does Not Pay me BC Child Support?

Being lucky enough to live in Canada has its advantages. The government has established the BC Family Maintenance Enforcement Program which is an organization that will assist you to enforce BC child support obligations absolutely free. You will need to register with FMEP and a lawyer will assist you to enforce your child support rights.

To register with FMEP, they will require one of the following from you:

1. A Court Order compelling the other parent to pay monthly BC child support. 
2. An Agreement, usually a separation agreement, between you and the other parent where both of you agree that he/she will pay child support. This is not just any agreement. The agreement must be in writing, witnesses by two people and registered in Court. If for any reason the agreement is vague or ‘legally not valid’, FMEP will not enforce BC child support on your behalf until you amend the agreement enough or seek the assistance of a BC Family Lawyer to ensure the agreement meets the requirements of FMEP and the BC Family Law Act.

What Can FMEP do For you to Enforce BC Child Support?

Many things include suing the other parent in court, taking away the debtor’s driver’s license or passport, getting the other parent arrested and brought to court, setting down default hearings, garnishing the debtor’s wages, and foreclosing the debtor’s property, etc.

FMEP has vast powers to enforce payment on your behalf and will assist you at no cost. FMEP will also enforce BC Extraordinary Expenses owed to you or even spousal support.

For more information on BC Separation Agreements, Child Support or FMEP, please email us at [email protected] or call 604-974-9529.