What to Do When Your Ex Stops Paying Child Support in BC

When child support stops arriving, it is stressful and the budget gaps appear quickly. You may not know whether to confront your ex, go to court, or ask a government office to step in.

In British Columbia there is an enforcement system designed for this. This article covers the first steps and the main tools available.

This article covers the law of British Columbia.

Start with the basics

Child support is the child's legal right, and parents cannot agree that the other parent does not have to pay it. Support and parenting time are also separate issues. A paying parent cannot withhold support because of parenting time problems, and you cannot refuse parenting time because support is behind.

The duty to pay child support generally continues until the child turns 19, although support can end earlier or later depending on the child's circumstances. A child who is still dependent at 19, for example because of illness, disability or school, keeps the right to support. Whether support is still owing in your situation depends on the facts, so it is worth confirming with a lawyer.

A child support agreement is binding only if it was made after separation or when the parties were about to separate. On application, a court may set aside or replace all or part of it with an order if it would order something different applying the factors in section 150 of the Family Law Act.

Keep a simple record of what was due, what was paid and when. Clear numbers make every later step easier.

Enrol with the BC Family Maintenance Agency

If you have a written agreement or order, you can enrol it with the BC Family Maintenance Agency (BCFMA), which can enforce it if necessary. An agreement must first be filed with the court registry to be enrolled.

You can apply online, call 1-866-557-2427 for a mailed package, download a package, or pick one up at a provincial courthouse or ServiceBC. BCFMA sends a Notice of Filing when enrolment is complete.

Under the Family Maintenance Enforcement Act, either the creditor or debtor may file a maintenance order with the director. The director must enforce a filed order where necessary and practicable. While it is filed, only the director or an authorized creditor may enforce it, and a creditor can withdraw the order by written notice.

A written child support agreement that is filed in court is enforceable as if it were a court order.

Enforcement tools

The court must make an attachment order unless it would be unfair to the debtor. The director must also have ICBC disregard a licence notice in specified cases, such as a material error or a satisfactory payment arrangement.

If circumstances have changed

Sometimes support stops because the payor lost a job or the child's situation changed. Support does not end automatically under an existing order, and a court may change, suspend or terminate it on application. The court must be satisfied of a change in circumstances, substantial new evidence, or a lack of financial disclosure.

Under both the Family Law Act and the Divorce Act, a court may vary support retroactively as well as prospectively, but it must still be satisfied of a qualifying change in circumstances, new evidence or non-disclosure. For an order set using a table, a change of circumstances is any change that would result in a different child support order.

The BC Child Support Recalculation Service reviews eligible orders and agreements each year using the paying parent's income tax information and the Guidelines tables. It is free and applies through the CSRS Portal.

On tax, child support paid under an order or agreement made after April 1997 is not deductible by the payer and does not have to be included in the recipient's income. Orders or agreements made before May 1997 can be treated differently, with several exceptions, so ask a lawyer or accountant if yours is that old.

What to do next

• Find your order or written agreement and confirm whether it is filed with the court.
• Write down what is owed and the payments received.
• Enrol with BCFMA if you are not already enrolled.
• Keep communication with your ex calm and in writing.
• Do not withhold parenting time over unpaid support.
• Talk to a lawyer if the payor says their income or circumstances changed.

Frequently asked questions