What happens if one parent fails to pay the agreed-upon child support?
Failing to pay child support is a serious matter, as it's the child's right to receive it. If one parent falls behind on payments, the other parent has several options:
- Direct Resolution - wherever possible and appropriate, the parents should first attempt to solve the issue themselves
- Alternate Dispute Resolution - if that doesn't work, third-party mediation or arbitration may help resolve the conflict
- Legal Action - if no agreement can be reached, you can apply to the court for a child support order
If there's already a written agreement specifying child support amounts:
- Court Order - the parent who is owed support can ask the court to turn the agreement into a court order. In doing so, they can also request that the court order be enforced by the provincial or territorial child support agency (explained further below).
- Enforcement Programs - different provinces and territories have agencies responsible for enforcing child support payments. In Alberta, it's the Maintenance Enforcement Program, and in BC, it's the BC Family Maintenance Agency. These agencies can take several actions to enforce the payment of child support, such as:
- Garnishing income and wages
- Seizing government benefits payments and tax returns
- Suspending driver’s licenses and passport services
- Placing a lien on property owned by the non-paying parent
- Seizing bank accounts and other assets
