Ex Not Paying Spousal Support in British Columbia: Your Options

When support stops arriving, it is stressful and the money often matters right away. The good news is that British Columbia has more than one route for collecting what you are owed, and which one fits depends on what paper you have.

This article explains the main enforcement options, how time limits treat arrears, and what a payor can and cannot do if they think the payments should change. It is general information, not advice on your file.

This article covers the law of British Columbia.

Start with what your order or agreement says

Enforcement begins with the document that creates the obligation. A court order stays in force until a court or an agreement changes it, and a payor who stops paying first accrues arrears that remain enforceable.

If you have a written agreement instead of an order, the key question is whether it was filed in court. A written support agreement that has been filed can be enforced as an order. If your agreement was never filed, how it can be enforced depends on its terms and your situation, so it is worth confirming with a lawyer.

Also check what the document says about when support changes or ends. An agreement can set out when support changes or ends, for example if a new relationship begins.

Enforcement options in BC

A support order or filed agreement can be enforced in two main ways: through the BC Family Maintenance Agency or by applying to court. The BC Family Maintenance Agency is the current name for the program many people still call FMEP.

• BC Family Maintenance Agency: an order or filed agreement can be enforced through the agency. How enrolment works and what the agency does if payments stop are worth confirming with the agency or a lawyer.
• Court application: you ask the court to enforce the order or filed agreement directly.
• Security and protection: an order may secure payment against property or require life insurance designations.
• Debt after death: an order may continue after the payor's death as a debt of the estate, although the court must first find ongoing significant need, enough estate assets and no other practical means to meet the need.

The specific tools the agency can use, and any thresholds before they apply, are best confirmed with the agency or a lawyer, since they depend on your circumstances.

Do time limits apply to arrears?

The basic limitation period in British Columbia is 2 years from the day a claim is discovered. However, the Limitation Act does not apply to a claim for arrears of spousal support payable under a judgment or under an agreement filed under the Family Law Act, so those arrears are not barred by that 2-year period.

This does not mean you should wait. If your support is not yet set by an order or filed agreement, a separate time limit may apply to a claim under the Family Law Act: the proceeding must generally be started within 2 years after a divorce judgment for married spouses, or within 2 years after separation for spouses in a marriage-like relationship. That limit pauses while spouses are in family dispute resolution with a professional or in a prescribed process.

There is an exception for married or formerly married spouses. Section 15.2 of the Divorce Act contains no time limit for applying for spousal support, although delay can be considered when a court looks at the merits and at retroactive claims. Unmarried partners in BC claim spousal support under the Family Law Act, not the Divorce Act. Which route applies to you depends on your situation, so it is worth confirming with a lawyer.

What if your ex says they cannot pay?

A payor whose finances have changed cannot simply stop. They must apply to change or end support, and a court may change, suspend or end an order if there has been a change in the condition, means, needs or other circumstances of either spouse, or if new substantial evidence or nondisclosure is discovered.

A court can make that change retroactively, but until it does, the order remains in force and unpaid amounts stay enforceable. Remarriage or moving in with a new partner does not end support automatically, and the payor must apply to change or end it. Retirement is a recognized ground for variation or review, and whether it changes support depends on the order or agreement and your circumstances.

If you are the one receiving support, expect your ex to raise these points. Keep records of every payment received and missed.

Tax points when arrears are paid

Support paid under a court order or written agreement may be deductible to the payer and taxable to the recipient, but if there is no court order or written agreement, the tax rules do not apply.

A payer who makes a lump-sum payment of $3,000 or more to bring support up to date, and who can deduct it, must give the recipient Form T1198 when it is reportable income to the recipient. An accountant can confirm how a catch-up payment is treated in your case.

What to do next

• Gather your court order or signed agreement and confirm whether the agreement was filed in court.
• Write down what was due, what was paid and what is outstanding, month by month.
• Save texts, emails and bank records showing missed or partial payments.
• Decide whether to enrol with the BC Family Maintenance Agency or apply to court, ideally after speaking with a lawyer.
• Do not wait if support is not yet set by an order, because time limits may apply.

Frequently asked questions