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By LegalMatters Staff • Despite federal and provincial legislation that includes penalties for failing to make child support payments, many children do not receive the financial support they are owed.
According to Statistics Canada, more than 49,000 child and spousal support cases, or 64 percent, started 2020/21 off in arrears, meaning there was money owing from previously missed payments.
“Not receiving the financial support you are entitled to can have a tremendous impact on your family’s well-being,” says Edmonton family lawyer Jaskiran Bajwa. “It is also important to remember that not all parents who fall behind in support payments are deadbeats trying to shirk their responsibilities. Circumstances change and it may be difficult to afford to pay what is expected. In some cases, these changes may warrant a reduction in support obligations for the payor.”
There are a number of enforcement options available through the federal and provincial governments to help ensure support payments are paid.
If you are owed money by the federal government, such as employment insurance benefits or a tax return, those funds can be used to pay your support debt under the Family Orders and Agreements Enforcement Assistance Act (FOAEAA).
As well, the Garnishment, Attachment and Pension Diversion Act allows the government to take all or part of your income to pay any judgment debt owed if you are a federal employee or contractor. The government can also seize a portion of federal pension benefits to pay family support
Each province and territory also has what is known as the Maintenance Enforcement Program (MEP), which not only collects court-ordered child support but spousal and partner support as well.
“The MEP has its own enforcement strategy, which can include suspending your driver’s licence, restricting your ability to register your vehicle as well as garnishing wages and seizing bank accounts,” says Bajwa. “Under the program, in some circumstances, you could even be sent to jail for failing to pay support.”
The program can also apply under the FOAEAA to have your Canadian passport denied or suspended as well as marine or aviation licences. These suspensions can only be ended at the request of the MEP.
The Maintenance Enforcement Program basically acts as a conduit between the payor and the payee of support specified in court orders and agreements. You are under no obligation to register for the program if you choose to have your partner pay you directly.
However, if you are not receiving what your child is owed, the MEP can take collection steps at no cost to the recipient.
Bajwa says parents who don’t take their financial obligations seriously could find themselves in legal difficulty.
“It is a mistake to simply ignore support obligations,” she says. “Some people are intimidated by the court process and fear a judge may not be sympathetic to their situation. If you have fallen behind in your obligations through no fault of your own, you may be eligible for a stay of support or a reduction of the amount payable. You need to seek legal advice before the situation gets worse.”
