What Happens if Your Ex Stops Paying Spousal Support in British Columbia?

Missed spousal support payments are stressful, especially if you budget around them. The good news is that you are not limited to asking your ex nicely. There are formal ways to collect, and which one fits depends on whether you have a court order or a written agreement, and whether it has been filed in court.

This article explains how arrears build up, how enforcement through the BC Family Maintenance Agency (still commonly called FMEP) and the court generally works, and what to keep in mind about time limits and tax. It is general information, not advice on your own file.

This article covers the law of British Columbia.

Why unpaid support becomes arrears

A spousal support order does not pause just because the payer is unhappy with it or has had a change in life. The order stays in force until a court or an agreement changes it, and a payer who stops paying first accrues arrears that remain enforceable.

A payer who believes their situation has changed has a proper route. A court may change, suspend or end a support order or agreement if the condition, means, needs or other circumstances of either spouse have changed since it was made. That is an application to be made, not a decision the payer can make alone.

Whether a new relationship or a remarriage affects support depends first on the order or agreement itself, and the payer must apply to change or end support.

Enforcement through the BC Family Maintenance Agency

A written support agreement filed in court can be enforced as an order, and enforcement can be through the BC Family Maintenance Agency or by court application. That agency is the current name for the program many people still call FMEP.

The practical point is that enforcement starts from a document the system can act on. If your agreement has never been filed, ask a lawyer whether filing it makes sense, because a written agreement filed in court is enforceable as an order.

The specific collection steps the agency can take, and when it can take them, are best confirmed with the agency or a lawyer. Do not assume a particular step is available to you without checking.

Going to court yourself

You can also go to court. Family Law Act orders can require periodic or lump-sum payments, cover periods before the application date, secure payment against property, and require life insurance designations. Those features are useful if a payer has a pattern of missing payments.

• Ask for the order to be enforced as written, using the court application route.
• If the order has gaps, ask whether support can be secured against property or backed by an insurance designation.
• If the payer's circumstances have really changed, expect them to apply to vary the order, and be ready to respond.
• If a new application for support is pending, a court may make an interim order for the relief sought.

Time limits and tax points

Arrears on a judgment, or on an agreement filed in court, are not barred by the 2-year basic limitation period, because the Limitation Act does not apply to those claims. Still, waiting makes proof harder and can complicate things, so it is sensible to act early.

If you have never had support set at all, a different clock applies. A Family Law Act spousal support proceeding must 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 the spouses are in family dispute resolution with a professional or in a prescribed process.

On tax, 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. Payments are only treated as support for tax purposes where there is a court order or written agreement. An accountant can confirm how a catch-up payment is treated for you.

What to do next

• Gather your order or agreement and confirm whether it was filed in court.
• Keep a simple record of every payment due and every payment received.
• Save messages in which the payer explains or admits the missed payments.
• Contact the BC Family Maintenance Agency, or speak with a lawyer about enforcing through the court.
• Ask a lawyer or accountant about tax reporting if you receive a catch-up lump sum.

If the payer says they cannot afford the order, they must go through the variation process rather than stopping payment on their own.

Frequently asked questions