Ex Not Paying Support? How the BC Family Maintenance Agency Enforces Payments

A support order or agreement only helps if the money actually arrives. When payments are late, partial or stop altogether, chasing them yourself can be exhausting and, in some cases, unsafe.

BC has a public agency for this: the BC Family Maintenance Agency (BCFMA). This guide explains how enrolment works, the enforcement tools the law gives it, and the situations where you will still need a lawyer or a court application.

What the BC Family Maintenance Agency is

The BC Family Maintenance Agency is the provincial service that monitors and enforces child and spousal support under the Family Maintenance Enforcement Act. You may also see it referred to by its older name, the Family Maintenance Enforcement Program (FMEP). The Act gives a Director of Maintenance Enforcement a set of collection powers that a private person does not have, and the agency carries out that work.

The agency enforces what has already been decided. It does not set or change the amount of support. That distinction shapes when enrolment is enough and when you also need a court application.

Who can enrol, and what you need first

According to the Province, either party can enrol as long as one of you lives in BC and there is a valid support order or agreement that BC can collect. Enrolment is at no cost. You can apply online through the agency's website, request a package by calling 1-866-557-2427, or pick one up at a provincial courthouse or Service BC location. Once enrolment is complete, the agency sends a Notice of Filing confirming your case is enrolled.

If you have an agreement rather than a court order, there is an extra step. Under sections 148(2) and 163(3) of the Family Law Act, a written agreement about child or spousal support that is filed in the court is enforceable as if it were a court order, and the Family Maintenance Enforcement Act treats it as a maintenance order. The Province's guidance is that the agreement must be filed with the court registry before it can be enrolled.

What happens once your file is enrolled

Section 4 of the Act says that if the Director considers it necessary and practicable, the Director must enforce a filed order, including arrears that built up before you enrolled. Under section 10, payments on a filed order are generally sent to the Director rather than directly between you and your ex, unless the Director approves direct payment in writing.

Section 5 matters too: while the order is filed, only the Director can enforce it, unless the Director authorizes you in writing. If you were planning your own garnishment or collection steps, coordinate with the agency rather than acting in parallel.

Enforcement tools the law provides

The Act gives the Director a range of tools. Which ones are used, and when, is for the agency to decide on the facts of each file. They include:

• Notices of attachment (s 15). After any default, the Director may serve a notice on someone who owes or is likely to owe money to the payor, such as an employer or a bank, requiring them to pay part of it to the agency instead.
• Interest and default fees (ss 11.1 and 14.4). Arrears can attract interest set by regulation, and a payor who keeps defaulting after notice can be charged an annual default fee.
• Charges on property (s 26). A notice of the maintenance order can be registered in the land title office against the payor's land.
• Driver's licence and vehicle plates (s 29.1). Where arrears total $3,000 or more, the Director may, after at least 30 days' notice to the payor, notify ICBC to take action against the payor's driver's licence, or the licence and plates for a vehicle the payor owns.
• Default hearings (ss 19 and 21). A court can require the payor to explain the default. Unless satisfied there are no arrears or that the payor cannot pay for valid reasons, it can order payment terms and, in some cases, a short period of imprisonment for continued non-payment.

Section 37 adds that a payor's other debts are no defence to enforcement. For more on how arrears build up and are collected, see our guide to child support arrears in BC.

When you still need a court application

Enrolment is often the most practical first step, but it does not solve everything. You will usually need a lawyer or a court process if:

• There is no order or filed agreement yet. The agency needs something to enforce.
• The amount is out of date. If your ex's income has risen, or a child's needs have changed, the order has to be changed by agreement or by the court. Our article on changing a child support order explains the process.
• You are owed support for the past. Claims for support that should have been paid but was never ordered are a separate question; see retroactive child support in BC.
• Your agreement may not hold up. If a written agreement is unclear, unwitnessed or disputed, it is worth having it reviewed before you rely on it.

Common mistakes to avoid

• Holding back parenting time. The Province's guidance is clear that you cannot stop the other parent's parenting time or contact because support is behind, and support cannot be withheld because of parenting disputes.
• Informal side deals. Agreeing to accept less, or cash in hand, without a written change can leave the record unclear about what is owed.
• Withdrawing too quickly. A creditor who filed an order can withdraw it by written notice under section 6, but think it through first. If the payor enrolled the order, withdrawal needs both parties' written consent.

Support not arriving? Make sure the order you are enforcing is the right one

Our family lawyers can file your support agreement with the court, apply to set or update child or spousal support, and advise you on enrolment and the steps to take alongside the agency's enforcement.

Call 604-259-2844 or send us a message to arrange a consultation at our Vancouver office.