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By LegalMatters Staff • Family courts take children’s welfare seriously in any divorce.
Section 16 (1) of the Divorce Act states “The court shall take into consideration only the best interests of the child of the marriage in making a parenting order or a contact order.” Courts also strive to ensure a child is properly provided for, which is why failing to honour your support commitments can be a mistake.
“Defaulting on your financial obligations to your children can result in serious consequences including wage garnishment or jail time in extreme cases,” says Edmonton family lawyer Emily Gore. “If you are unable to make your court-ordered support payments, the last thing you want to do is default on them.”
Failing to pay child support comes with consequences, both federally and provincially. Under the federal government’s Family Orders and Agreements Enforcement Assistance Act and the Garnishment, Attachment and Pension Diversion Act:
- you face wage garnishment;
- your assets can be seized and sold;
- money owed to you from the government can be garnished;
- your driver’s licence and/or passport can be denied or cancelled;
- your ability to register your motor vehicle can be restricted;
- your hunting and fishing licence can be restricted;
- court can fine or jail you; and/or
- you could be forced to pay all or a portion of your former partner’s legal fees if the case goes to court.
Alberta also has a 24-hour Maintenance Enforcement Program Tip Line to help track down payors in arrears. Profiles and photos of registered debtors who have failed to pay their court-ordered support payments for at least six months are featured on the enforcement program’s website. Since April 2000, the program has posted 488 profiles and found 429 parents who were in default.
“The first thing to remember is that you cannot opt out of being a parent,” says Gore. “Simply saying you no longer want to see your child does not excuse you from your financial obligations. You are also not permitted to halt payments if your former partner decides you can no longer see your children. Child support and parenting time are issues that must be dealt with separately, possibly by a judge in court.”
Some parents may have legitimate reasons for being unable to make support payments, such as the loss of income, she says
“When it comes to child support obligations, you may have many questions about your rights and obligations,” says Gore. “Remember, simply ignoring those obligations will only make things worse – for your children and yourself.”
She advises those who have questions about child support to seek legal help before making a decision that could land them in court.
