How the BC Family Maintenance Agency Enforces Child Support

What Collection Actions Does the Agency Describe?

The agency says it looks at each case individually and chooses actions based on the payor's history, how much is owed, and what it knows about the payor's current situation. It describes these tools:

• Notice of Attachment. Requires anyone who owes the payor money, such as an employer, a pension plan or a bank, to pay all or part of it to the agency. It can remain in place for five years and may be renewed.
• Federal interception. Federal money owed to the payor, including Employment Insurance benefits, Canada Pension Plan or Old Age Security payments, GST credits and income tax refunds, is directed to the agency for the recipient.
• Liens and land registration. A maintenance lien can be registered against personal property such as a vehicle, boat or trailer. A land registration through the Land Title and Survey Authority means the payor cannot sell, refinance or transfer the land without the agency's consent.
• Licence and passport actions. Where arrears exceed $3,000, the agency may ask the federal government to deny or suspend the payor's passport and federal aviation and marine licences after 40 days' written notice, and may ask ICBC to refuse to issue or renew the payor's driver's licence or vehicle licence after 30 days' written notice. It says it tries a voluntary payment arrangement first, and that only it, not ICBC, can lift these actions.
• Court action. A default hearing requires the payor to attend court, explain why support is unpaid and provide a Statement of Finances. The court decides whether arrears are paid at once or by instalments and, the agency says, can order jail time if payments are not made. A committal hearing follows if the payor ignores that order, and where the payor is the sole shareholder of a corporation or holds a controlling interest, the agency can take the corporation to court as well.

A payor can ask the agency to review an action it believes was taken in error or that would significantly reduce their ability to pay.

What Happens When a Payment Is Late?

The agency charges daily simple interest on late payments and arrears, and all interest collected goes to the recipient. There is a 15-day grace period, after which interest runs back to the due date. If the order sets a rate, that rate applies. If not, the agency uses the Bank of Canada prime rate, updated on January 1 and July 1 each year.

A default fee may also be charged if a payor misses two or more support payments in a calendar year. The agency describes the fee as equal to one month's support to a maximum of $400, payable to the BC government rather than the recipient, with a Notice of Intention sent after the first missed payment and 30 days to dispute it. A payor who is struggling can propose a voluntary payment arrangement through their web account, and support remains due while it is reviewed.

What Can the Agency Not Do?

The agency states directly that it does not have the authority to change a support order or agreement. Until a new order or agreement is filed in court, the existing one stays in effect and the agency continues to collect it. It does not calculate payments, negotiate, or pass financial information between the parties. Parents who think the amount is wrong need a new agreement, a recalculation through the Child Support Recalculation Service, which the government describes as a free annual recalculation for eligible Provincial Court files, or a court application. Our page on changing or cancelling child support explains the court route, and our post on reducing child support arrears covers applications about arrears that have already accrued.

The BC government adds two rules that cut both ways. A recipient cannot refuse the other parent's parenting time or contact because support is late or unpaid, and a payor cannot withhold support because of a dispute about parenting time or contact.

Can You Withdraw From the Agency?

The person who enrolled sends a written request. A recipient can withdraw at any time. A payor who enrolled can withdraw only if the recipient also agrees. The agency warns that interest owing on unpaid support is lost on withdrawal and cannot be collected if the recipient later re-enrols, and that a case stays open until any default fees owed to the government are paid.

Talk to a Family Lawyer About Support Enforcement

Whether you are owed months of support or facing enforcement you cannot sustain, the order or agreement underneath it is usually where the fix begins. The first 30 minutes with SiLaw Group are free, by phone, video, or in person in South Surrey. Call (778) 381-9977 or Book Now for a Free Consultation.

This post is legal information, not legal advice. Rules and fees are current to the date of writing and can change.