When child or spousal support payments are missed, the financial impact can be immediate. For the person receiving support, unpaid amounts may affect everyday household expenses. For the person paying support, falling behind can lead to growing arrears and enforcement action.

In British Columbia, the Family Maintenance Enforcement Program (FMEP), administered by the BC Family Maintenance Agency (BCFMA), helps monitor, collect and enforce eligible child and spousal support obligations.

Understanding what FMEP can do, and what it cannot do, is important for both recipients and payors. This article looks at how the program works, what can happen when support is not paid, and when legal assistance may be appropriate.

What Is the Family Maintenance Enforcement Program in BC?

FMEP helps ensure that child and spousal support required under eligible court orders or agreements is paid. The BC Family Maintenance Agency can monitor payments, collect support, track arrears and take enforcement action when necessary.

For more information, visit the BC Government’s Family Maintenance Enforcement Program information.

FMEP operates under British Columbia’s Family Maintenance Enforcement Act.

Who Can Use FMEP?

Both a person receiving support and a person paying support may be able to enrol an eligible support order or agreement. Once enrolled, BCFMA can monitor payments and take appropriate enforcement steps when support is not paid as required.

Using FMEP can also reduce the need for former spouses or parents to communicate directly about missed payments, which can be helpful when relationships are strained.

What Happens When Support Is Not Paid?

Falling behind on child or spousal support does not make the obligation disappear.

Depending on the circumstances, FMEP has a range of enforcement tools available under BC law. These can include collecting money from certain sources of income, intercepting certain funds, registering liens against property and taking other enforcement measures permitted by law.

In some circumstances involving significant arrears, enforcement can also affect a person’s driver’s licence. The appropriate enforcement action depends on the circumstances of the case.

Can FMEP Change Child or Spousal Support?

This is an important distinction. Enforcing an existing support obligation is different from changing it.

If your income has decreased, parenting arrangements have changed or another significant change has occurred, you should not simply stop paying or reduce the amount yourself.

An existing support order may need to be formally varied. Similarly, someone receiving support who believes the current amount is no longer appropriate may need to seek a change.

For more information, see ALG Lawyers’ resources on child support in BC and spousal support in BC.

What If Support Arrears Have Already Accumulated?

Unpaid support is generally referred to as arrears. FMEP can take steps to collect eligible arrears as well as ongoing support. If substantial arrears have accumulated, ignoring the issue can make the situation more difficult.

If you owe arrears and your financial circumstances have genuinely changed, consider getting legal advice about your options. If you are entitled to receive support and payments have not been made, legal advice can also help you understand your options alongside FMEP enforcement.

Does FMEP Replace the Need for a Family Lawyer?

Not necessarily. FMEP focuses primarily on enforcing existing support obligations. A family lawyer may still be needed where:

  • you need to obtain a child or spousal support order
    • you want to change an existing support obligation
    • your income or family circumstances have significantly changed
    • there is a dispute about how much support is owed
    • substantial arrears have accumulated
    • the enforcement situation has become legally complicated

A Practical Example

Suppose a parent has a court order requiring their former spouse to pay monthly child support. Payments initially arrive regularly, but several payments are later missed and arrears accumulate.

If the order is enrolled with FMEP, BCFMA can track the outstanding support and take appropriate enforcement action.

However, if the paying parent believes the amount should be reduced because their circumstances have changed, that is a separate issue. Missing payments does not automatically change the existing support obligation. A formal variation may be required.

Understanding the difference between enforcement and changing a support obligation can help both parties avoid further complications.

Key Takeaway

The Family Maintenance Enforcement Program in BC helps eligible families monitor and enforce child and spousal support obligations.

FMEP has enforcement tools available when payments are missed or arrears accumulate. However, it generally does not replace the legal process required to change an existing support obligation.

Whether you are paying or receiving support, it is important to address missed payments, growing arrears or a support order that may no longer reflect your circumstances.

Speak With a Family Lawyer

If you are dealing with unpaid child or spousal support, growing arrears or believe an existing support order needs to be changed, ALG Lawyers can help you understand your options under British Columbia family law.

Contact ALG Lawyers today. 

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