- The director can serve a notice of attachment, and the person served must deduct the amount and remit it within 5 days.
- Arrears of $3,000 or more can lead to driver's licence cancellation, and persistent arrears can lead to federal licence or passport action.
- A payor cannot end support alone, and applying promptly to change an order may allow arrears to be reduced.
If support is owed to you, or you owe it, the maintenance enforcement process under British Columbia's Family Maintenance Enforcement Act can feel like a black box. Its enforcement tools come mostly from British Columbia's Family Maintenance Enforcement Act (FMEA), with some federal help.
This article explains the main tools in plain words: wage garnishment, federal money and tax refunds, licence consequences and court hearings. Which tools apply to you depends on your order and your arrears, so a lawyer can confirm your situation.
This article covers the law of British Columbia.
Why enforcement happens in the first place
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, and a payor cannot end it by their own decision.
Arrears owed under a maintenance order bear simple interest at the rate set by regulation. The court also cannot reduce or cancel arrears except as the Act allows.
How wage garnishment works
The director may serve a notice of attachment on a person who owes money to the debtor, such as an employer. That person, called the attachee, must deduct the required amount from money owed to the debtor and remit it to the director within 5 days.
The court must make an attachment order unless doing so would be unfair to the debtor. An employer may not dismiss, discipline or otherwise penalize an employee because of a notice of attachment or a related order, and the court may order reinstatement or damages if that happens.
Federal money, tax refunds and passports
Federal law lets federal Crown money that is designated by regulation be garnished for support enforcement. Service of a garnishee summons binds the Crown for five years in respect of garnishable moneys.
Whether a particular federal payment, including an income tax refund, is designated is a detail worth confirming with a lawyer or the program. Do not assume every refund can be taken.
Federal law also deals with persistent arrears, meaning arrears in any three payment periods or accumulated arrears of $3,000 or more. In that case a provincial enforcement service may apply to have a federal licence, including a passport, suspended or refused, and no appeal lies from action under that Part.
Licences, hearings and other consequences
| Tool | What can happen | Trigger or limit |
|---|---|---|
| Notice of attachment | Money owed to the debtor is deducted and sent to the director | Remit within 5 days |
| Provincial licence action | ICBC can cancel a driver's licence and refuse a licence and plates for a vehicle or trailer the debtor owns | Arrears of $3,000 or more and 30 days' notice |
| Federal licence denial | A federal licence, including a passport, can be suspended or refused | Persistent arrears |
| Default hearing | Reporting, immediate payment or imprisonment | Imprisonment up to 30 days |
| Committal hearing | The debtor may be imprisoned | Not for consecutive periods totalling more than 90 days |
Other enforcement steps, such as claims against property, may also exist. They depend on the facts, so ask a lawyer whether they apply to you.
What to do next
If you are the payor and your circumstances have changed, act early. A court may reduce or cancel arrears when they are reduced or cancelled in a proceeding to change the order, so applying promptly may allow a retroactive reduction, while waiting risks arrears and interest continuing to build. An FMEA proceeding is not itself a way to change support.
- Gather your support order or agreement and your most recent statement of arrears.
- Check whether your income or your child's needs have changed.
- If you are the payor, ask a lawyer about applying to change the order rather than simply paying less.
- If you are the recipient, keep records of payments received and missed.
- If a notice of attachment is served on your employer, ask a lawyer how to respond, and remember an employer cannot penalize you for it.
Frequently asked questions
Can my employer fire me because of a garnishment?
No. An employer may not dismiss, discipline or otherwise penalize an employee because of a notice of attachment or a related order. The court may order reinstatement or damages.
Can FMEP take my tax refund?
Federal Crown money designated by regulation can be garnished for support enforcement. Whether a given tax refund is designated should be confirmed with a lawyer, so do not assume either way.
When 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 number plates for a motor vehicle or trailer the debtor owns.
Can I stop payments if I lose my job?
Not on your own. Support under an order continues until a court changes, suspends or terminates it. Applying promptly to change the order may allow arrears to be reduced, while waiting risks arrears and interest continuing to accumulate.
Sources
- Family Law Act, Part 7 (BC Laws) — bclaws.gov.bc.ca
- 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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