How to Enforce Child Support with an FMEP in BC 

Child support in BC is the right of the child and parents cannot negotiate away the requirement to pay it. Such support is seen as essential in fulfilling the parents’ responsibility to support their children and to satisfy the rights of the child to have his/her needs fulfilled.

Consequently, failure to pay support is treated seriously in British Columbia—with extensive measures available to a parent who fails to receive the agreed or court-ordered child support from the other parent.

Responsibilities of parents in BC

Child support is child-centered rather than parent-centered in BC—and it is a mandatory requirement under the family laws here.

Parents have the legal responsibility to support their children until the age of majority, which is 19 in British Columbia. This responsibility continues whether the parents are married or not and after a relationship breaks down or they divorce.

After a separation, the child usually lives predominantly with one parent while the other parent must pay support to cover his/her share of the costs of raising the child.

In BC, if the child spends at least 40 percent of the time with both parents, then both parents are required to pay child support to the other parent (known as “offsetting child support”). The higher-income parent will pay the net difference in child support to the other parent.

Such support is designed to provide children with as close as possible to the standard of living enjoyed when their parents were together. At the most basic level, it covers the costs of the child’s food, shelter, clothing, and other expenses.

Under BC law, any support arrangement between the parents should reflect the standard that the child is used to. However, the specific amounts payable will depend upon the support payor parent’s ability to pay.

How long do child support agreements last in BC?

Once the support amounts have been calculated and either agreed between parents or ordered by the court, the payor parent has a legal responsibility to pay the support until the agreement ends. Failure to do so constitutes a breach of his/her obligations.

Most child support agreements or orders end at age 19 in BC but can be extended if the child is affected by a serious illness/disability or is enrolled in post-secondary education.

Failure to meet one’s payment obligations may result in a case for the Family Maintenance Enforcement Program (FMEP) in British Columbia—or the BC Family Maintenance Agency, as it is now known.

What is the BC Family Maintenance Agency?

The Family Maintenance Enforcement Program has been replaced by the BC Family Maintenance Agency (BCFMA) in British Columbia.

If parents cannot resolve a non-payment issue with child support (or spousal support), the recipient parent has the right to request assistance with enforcing payments—and collecting back payments—from the BCFMA.

This assistance provided is free of charge and applies even if the payor parent cannot be located—but enrolment with the agency is first required.

To receive assistance, the child support must be court-ordered or part of a legally enforceable agreement that has been registered with the agency. After enrollment, the recipient and the payor are issued Notices of Enrollment, which detail the amount of support to be paid, including any accumulated arrears.

The agency can then track outstanding support obligations, calculate the interest due on payments, and impose fines when financial support is not provided.

The agency sometimes needs to locate parents who have moved and are no longer contactable by the other parent. Federal and provincial databases can be used by the BCFMA for this purpose.

Where are support payments sent?

If the BCFMA is involved, the payor parent must submit support payments directly to the agency rather than the recipient so that the agency can maintain accurate records of payments.

Generally, the agency requires that payments be made electronically, as this is the fastest, most secure method. The funds are usually remitted from the BCFMA to the recipient on the same day they are received from the payor parent.

What enforcement measures can the BCFMA use?

The BCFMA has the power to charge interest and default fees on any support payment arrears—and to use a variety of stringent enforcement measures to ensure that the necessary payments are made.

These measures extend beyond deducting support amounts from wages—even allowing the removal of driving and international travel privileges or serving writs on properties held by the payor. The typical measures used include:

• Garnishing wages
• Garnishing bank accounts
• Garnishing certain federal government payments, such as income tax refunds and employment insurance benefits
• Seizing personal/real property or other assets (and selling them to raise funds)
• Requiring the party in default to file financial information
• Suspension or denial of provincially issued licences, such as a driver’s licence
• Prevention of vehicle registration
• Suspension of hunting and fishing licenses
• Requesting that the federal government suspend passports and other documents

The delinquent payor is likely to be reported to a credit agency too, which will affect his/her credit rating and ability to loan money.

These actions will not be taken without first trying to resolve the matter amicably with the payor parent. Often, discussions and mediation involving the BCFMA will help settle the matter without further enforcement. However, the above measures are available as a last resort if all else fails.

Before licenses are suspended or federal documents are affected, a warning letter is usually issued to the payor.

What are the limitations of the BCFMA’s authority?

As you can see, the BCFMA’s authority extends to wide-reaching measures to enforce child support payments, indicating how seriously the failure to pay support is treated in British Columbia.

However, the authority of the agency does NOT extend to:

• Obtaining or changing a support order or agreement
• Collecting a support order or agreement without a set amount for child and/or spousal support
• Assisting parents with matters involving parenting time (custody) or contact (access)

How well do the BCFMA’s measures work?

Well over 80 percent of child and spousal support payments are collected and then received by people registered in provincial and territorial maintenance enforcement programs across the country.

All indications are that the BCFMA’s enforcement measures are effective in ensuring that parents meet their support obligations, including both child support and spousal support. Thousands of families have benefited from the agency’s assistance.

Some families in BC hire child support lawyers to help register and communicate with the agency about their support matters.

If you’re facing issues with non-payment of support, DSG Family Law offers a free initial consultation to assess your situation and outline your legal options. Speak with a family lawyer at DSG Family Law in Langley, BC today.