What Happens If You Fall Behind on Child Support in British Columbia?

Falling behind on child support happens, often after a job loss, illness or a drop in income. The worry is usually what comes next, and how bad it can get.

This article walks through the main consequences in British Columbia, from interest to enforcement by the director, and then covers the options that may reduce the problem. The details depend on your order, so use this as a map rather than a verdict.

This article covers the law of British Columbia.

Your order stays in force until a court changes it

Support obligations under an order continue until a court changes, suspends or terminates the order under section 152 of the Family Law Act, and a payor cannot end them by their own decision. If income drops, the obligation does not shrink on its own.

Unpaid amounts become arrears. Arrears under a maintenance order bear simple interest at the rate set by regulation under the Family Maintenance Enforcement Act.

Enforcement tools that can be used

When support is enforced through the program, the director has several tools. They are listed below with what the law says about each.

Your employer cannot dismiss, discipline or otherwise penalize you because of a notice of attachment, and a court may order reinstatement or damages if that happens. Whether any particular federal payment, such as a tax refund, can be reached depends on what is designated by regulation, so confirm that with a lawyer.

Court hearings and imprisonment

At a default hearing, the court may order reporting, immediate payment or imprisonment of up to 30 days. At a committal hearing, you may be imprisoned, but not for consecutive periods totalling more than 90 days.

Outside the program, the Family Law Act also has general enforcement tools. These can include security, payment of expenses or a fine of up to $5,000. Imprisonment of up to 30 days is a last-step remedy where the court is satisfied that no other order will secure compliance, and you must be given a reasonable chance to explain first.

Can arrears be reduced or settled?

The court cannot reduce or cancel arrears except as the Family Maintenance Enforcement Act allows. The main exception is that the court may reduce or cancel arrears when they are reduced or cancelled in a proceeding to change the order. A payor who applies promptly to change support may therefore get a retroactive reduction, while one who waits risks arrears and interest continuing to accumulate.

When a court varies an order, it may do so without reducing or cancelling the total of the arrears. A change is not guaranteed, and it requires a qualifying change in circumstances or new evidence.

Also note that an enforcement proceeding is not itself a way to change support. You need a separate application to change the order.

What to do next

• Keep paying whatever you can, and keep records of every payment.
• Get your current arrears figure and your order, and check the date arrears began.
• Collect proof of your change in circumstances, such as a termination letter, medical note or income records.
• Apply to change the order promptly. In Provincial Court, this is done on Form 3 with the right schedule, such as Schedule 4 for child support.
• Respond to any notice, hearing date or letter from the enforcement program rather than ignoring it.
• Talk to a lawyer before a default or committal hearing.

Frequently asked questions