- Each province and territory has a maintenance enforcement program. It collects support and passes it on.
- Programs can take money from wages, bank accounts and federal payments such as tax refunds.
- They can also suspend a driver’s licence and ask the federal government to deny or suspend a passport.
- A parent who cannot pay should apply to change the order. The program cannot change the amount.
The enforcement program in each province and territory
| Province or territory | Program |
|---|---|
| Alberta | Maintenance Enforcement Program (MEP) |
| British Columbia | BC Family Maintenance Agency (BCFMA) |
| Manitoba | Maintenance Enforcement Program (MEP) |
| New Brunswick | Office of Support Enforcement (OSE) |
| Newfoundland and Labrador | Support Enforcement Program |
| Northwest Territories | Maintenance Enforcement Program |
| Nova Scotia | Maintenance Enforcement Program (MEP) |
| Nunavut | Family Support Program |
| Ontario | Family Responsibility Office (FRO) |
| Prince Edward Island | Maintenance Enforcement Program (MEP) |
| Quebec | Revenu Québec, support payment collection program |
| Saskatchewan | Maintenance Enforcement Office (MEO) |
| Yukon | Maintenance Enforcement Program (MEP) |
Once your order or agreement is registered, the program collects payments from the paying parent and sends them to you. In some provinces court orders are filed with the program automatically.
What a program can do
Powers differ from one province to the next. Ontario’s Family Responsibility Office, for example, can:
- have an employer deduct support from wages
- garnish bank accounts
- suspend a driver’s licence
- report the paying parent to credit bureaus
- register liens and seize property
- take lottery winnings
- start a court hearing that can end in jail for up to 180 days
Other provinces and territories have similar tools.
Federal help: tax refunds, benefits and passports
A provincial program can also use the federal Family Orders and Agreements Enforcement Assistance Act. Under it:
- Federal payments can be garnished. These include income tax refunds, Employment Insurance, Canada Pension Plan and Old Age Security benefits.
- Passports and federal licences can be denied or suspended. This applies to a parent in persistent arrears, which means missing three payment periods or owing $3,000 or more. It covers Canadian passports and certain federal aviation and marine licences. Only an enforcement program can ask for it.
- The paying parent can be traced. A program can ask to search federal records for an address or employer.
Arrears do not expire quickly
In Ontario there is no limitation period for enforcing a court order. In British Columbia and Alberta, the limitation statutes do not cut off child support arrears under an order. Arrears and retroactive support.
If you are the paying parent and cannot pay
- Do not stop paying without a new order. The amount keeps adding up as arrears.
- Call the program. Many will agree to a payment plan while you sort things out.
- Apply to change the order as soon as your income drops, and give the other parent written notice with proof. The enforcement program cannot lower the amount. Only an agreement, a recalculation service or a court can. How to change child support.
If the other parent lives in another province
Register with the program in your own province. Programs across Canada work together, and many countries have reciprocal arrangements with Canadian provinces.
Common questions
Can you go to jail for not paying child support in Canada?
It is possible. In Ontario, for example, the Family Responsibility Office can start a default hearing, and a court can order jail for up to 180 days. Jail is a last resort after other steps have failed.
Can they take my passport for unpaid child support?
Yes. A provincial enforcement program can ask the federal government to deny or suspend a Canadian passport when a parent has missed three payment periods or owes $3,000 or more.
Can child support be taken from my tax refund?
Yes. Federal payments such as income tax refunds, Employment Insurance, Canada Pension Plan and Old Age Security benefits can be garnished for unpaid support at the request of an enforcement program.
Does it cost money to use an enforcement program?
The programs are run by the provinces and territories. Having support collected for you is generally free. Check with your own program for details.
Can the enforcement program change how much I pay?
No. It enforces the amount in the order or agreement. To change the amount you need a new agreement, a recalculation service or a court order.
Need a family lawyer?
Every province has a service or directory that helps parents find a family lawyer. Find yours.
Sources
- Provincial and Territorial Maintenance Enforcement Programs (Department of Justice Canada)
- Support enforcement: for people who owe support (Department of Justice Canada)
- Family Orders and Agreements Enforcement Assistance Act (Justice Laws Website)
- Enforcing child and spousal support payments (Government of Ontario)
- Limitations Act, 2002, section 16 (Government of Ontario)
General information only, not legal advice. For your situation, speak with a family lawyer or your province's family justice services.
