- When support arrears reach $3,000 or more, the director can, after 30 days' notice, have ICBC cancel a debtor's driver's licence.
- Persistent arrears can also lead to a federal licence, including a passport, being suspended or refused, and no appeal lies from that action.
- A support order stays in force until a court changes it, so a payor who cannot pay should apply to change the order promptly.
If you owe support, or are waiting for it, you may have heard that a driver's licence or passport can be taken away over arrears. That is true in some situations, and the rules are specific. Knowing how they work can help you decide what to do before things escalate.
This article explains the licence-based tools used to enforce support in British Columbia, where they sit among other enforcement tools, and why changing an order early matters. It is general information, not advice for your situation.
This article covers the law of British Columbia.
How support enforcement works in British Columbia
Enforcement of support orders and agreements filed with the program is handled under the Family Maintenance Enforcement Act (FMEA). The program is now run as the BC Family Maintenance Agency, and older web addresses for the program redirect there.
Every parent and guardian has a duty to provide support for a child. Support under an order continues until a court changes, suspends or terminates it under section 152 of the Family Law Act, and a payor cannot end it by their own decision. That is why arrears can build up even when a payor's finances have changed.
Provincial driver's licence cancellation
Under section 29.1 of the FMEA, when a debtor's arrears total $3,000 or more, the director can, after 30 days' notice, have ICBC cancel the debtor's driver's licence. ICBC can also refuse a licence and number plates for a motor vehicle or trailer the debtor owns.
The notice period is the practical window to act. Paying down arrears, making arrangements with the agency, or applying to change the order are all things to consider before it ends. Because thresholds and procedures can be amended, check the current version of the Act and the agency's information.
Federal licence and passport denial
Federal law adds a second layer. If a debtor is in persistent arrears, meaning arrears in any three payment periods or accumulated arrears of $3,000 or more, a provincial enforcement service may apply to have a federal licence, including a passport, suspended or refused. This comes from the Family Orders and Agreements Enforcement Assistance Act (FOAEAA).
No appeal lies from action taken under that Part of the FOAEAA. For anyone who travels for work or family reasons, that makes it important to deal with arrears before an application is made.
Other enforcement tools you may encounter
| Tool | What it does |
|---|---|
| Notice of attachment | The director may serve a notice, and the person served must deduct the required amount from money owed to the debtor and remit it within 5 days. The court must make an attachment order unless it would be unfair to the debtor. |
| Employer protection | An employer cannot dismiss, discipline or otherwise penalize an employee because of a notice of attachment or related order, and the court may order reinstatement or damages. |
| Federal money garnishment | Federal Crown money designated by regulation may be garnished for support enforcement. Whether a specific payment, such as a tax refund, is covered depends on what is designated, so confirm this. |
| Default hearing | The court may order reporting, immediate payment or imprisonment of up to 30 days. |
| Committal hearing | The debtor may be imprisoned, but not for consecutive periods totalling more than 90 days. |
Arrears, interest and changing the order
Arrears under a maintenance order bear simple interest at the rate set by regulation. The court cannot reduce or cancel arrears except as the Act allows, and when it varies an order it may do so without reducing or cancelling the total arrears.
An enforcement proceeding under the FMEA is not itself a way to change support. Changing support means applying to the court. Child support can be changed, prospectively or retroactively, if there has been a change in circumstances as provided for in the child support guidelines. Spousal support can be changed if there has been a change in the condition, means, needs or other circumstances of either spouse. If the order was made under the Divorce Act, child support variation requires a change of circumstances as provided for in the applicable guidelines, and a variation order may be retroactive or prospective.
Timing matters. The court may reduce or cancel arrears when they are reduced or cancelled in a proceeding to change the order, so a payor who applies promptly may get a retroactive reduction, while one who waits risks arrears and interest continuing to build. Nothing is guaranteed, and the outcome depends on the facts.
What to do next
- Get a current statement of the arrears and any interest from the agency.
- Find any notice you have received and note the date, since the 30-day notice period matters for licence cancellation.
- Gather your order or agreement, recent income information and proof of any change in your circumstances.
- If your situation has changed, ask a lawyer about applying to change the order now rather than later.
- If you are owed support, keep records of missed payments and ask about which enforcement tools fit your case.
- Check the current version of the FMEA and the FOAEAA, since thresholds and procedures can change.
In Provincial Court, an application to change an order under the Family Law Act is made on Form 3 (Application About a Family Law Matter) with the right schedule and a copy of the order attached. Procedure differs in the Supreme Court, so a lawyer can confirm the right steps.
Frequently asked questions
At what amount of arrears can my driver's licence be cancelled?
When arrears total $3,000 or more, the director can, after 30 days' notice, have ICBC cancel the debtor's driver's licence. ICBC can also refuse a licence and plates for a vehicle or trailer the debtor owns.
Can my passport really be suspended over unpaid support?
If a debtor is in persistent arrears, a provincial enforcement service may apply to have a federal licence, including a passport, suspended or refused. Persistent arrears means arrears in any three payment periods or accumulated arrears of $3,000 or more, and no appeal lies from that action.
Can I stop paying if I lose my job?
No. The order continues until a court changes, suspends or terminates it, and a payor cannot end it alone. Applying promptly to change the order may allow a retroactive reduction of arrears, while waiting risks arrears and interest continuing to build.
Can the agency's enforcement process lower my support?
No. An FMEA proceeding is not itself a way to change support. You would need to apply to the court to change the order, and a lawyer can explain which court and process apply to you.
Sources
- Provincial Court Form 3, Application About a Family Law Matter (gov.bc.ca) — www2.gov.bc.ca
- Family Law Act, Part 7 (BC Laws) — bclaws.gov.bc.ca
- Divorce Act, s. 17 (Justice Laws) — Justice Laws (federal)
- Family Maintenance Enforcement Act (BC Laws) — bclaws.gov.bc.ca
- Family Orders and Agreements Enforcement Assistance Act (Justice Laws) — Justice Laws (federal)
Links go to official government, court and regulator pages. The law changes — confirm you are reading the current version.
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