Family and Divorce Law
Reading Time
13 MINUTE READ
The Family Maintenance Enforcement Program (FMEP) is British Columbia’s program for enforcing child and spousal support. Once a support order or a court-filed support agreement is enrolled, the Director of Maintenance Enforcement can act when payments are missed, for example by attaching wages, registering liens or notifying ICBC. FMEP enforces the amount already set; it cannot change it.
Last updated: October 27, 2026
Support payments often cover rent, groceries and a child’s everyday needs, so missed payments can cause real hardship. At the same time, a payor whose income has dropped may feel that enforcement is moving faster than their ability to pay. This guide explains how enrolment works in British Columbia, what enforcement steps the law allows, how interest and fees apply, and why any change to the amount must go through a court or a new agreement.
Key takeaways
FMEP, the Family Maintenance Enforcement Program, is the British Columbia program that enforces child support and spousal support. Its legal foundation is the Family Maintenance Enforcement Act, RSBC 1996, c. 127 (the FMEA). In this article, “support” and “maintenance” mean the same thing.
The FMEA requires the Attorney General to designate a Director of Maintenance Enforcement, and it allows the Director to delegate powers and duties to other persons, services or agencies (FMEA, s. 2). Once an eligible order or agreement is filed with the Director, the Director has statutory tools to enforce it if payments are missed.
FMEP is not a court and does not decide how much support should be paid. It enforces the amount already set out in an order or a filed agreement. To understand how those amounts are set in the first place, see our guides to how child support is calculated in BC and spousal support in BC.
Under section 3(1) of the FMEA, a maintenance order can be filed with the Director if it is:
Written agreements can qualify too. An agreement is treated as a maintenance order under the FMEA if it contains support terms and has been made enforceable under section 148 (child support) or section 163 (spousal support) of the Family Law Act, SBC 2011, c. 25 (the FLA). Once a written child support agreement is filed with the court, it is enforceable under the FLA and the FMEA as if it were a court order (FLA, s. 148(2)). Section 163(3) says the same for written spousal support agreements.
The FLA also sets conditions for child support agreements. For example, an agreement respecting child support is binding only if it is made after separation, or when the parties are about to separate so that it takes effect on separation (FLA, s. 148(1)).
An agreement that has not been filed with the court cannot be enforced through FMEP as an order. How an agreement is drafted and whether it has been filed can therefore make a real difference later. Our article on separation agreements in BC explains why these documents need care.
Either party can start the process. The FMEA says an eligible order may be filed with the Director by the creditor (the person who receives support) or the debtor (the person who pays it) (FMEA, s. 3(1)). Enrolment is permitted rather than required by the Act.
Withdrawal depends on who filed:
These rules are in section 6 of the FMEA and are subject to further conditions, including section 6(2.1). Where a support order has been assigned to a government minister, withdrawal generally requires the minister’s action or written consent (FMEA, s. 6(5)).
The FMEA and federal law give a wide range of enforcement tools. Some are administrative steps the Director can take; others require a court. Which tools are used depends on the circumstances of each file.
After a default, the Director may serve a notice of attachment on anyone who owes, or is likely to owe, money or a benefit to the payor, such as an employer (FMEA, s. 15(1)). The person served must deduct the required amount, including from amounts that become owing later, and send it to the Director (FMEA, s. 15(3) and (6)). Limits on how much can be taken are set by regulation. A court can also make a garnishing order on the recipient’s application, which can reach debts becoming owing over a period of up to 12 months (FMEA, s. 18).
Under the federal Family Orders and Agreements Enforcement Assistance Act (FOAEA), certain federal money owed to a payor can be garnished to enforce support (FOAEA, s. 24). The garnishment regulations designate, among other things, certain income tax refunds relating to an individual’s personal return and a specified rebate. This does not mean every federal payment can be taken.
Where a payor is in default and the arrears are at least $3,000, the Director may notify ICBC under the FMEA’s driver’s licence provisions (FMEA, s. 29.1(1)). The payor must receive at least 30 days’ notice before the Director sends that notice (FMEA, s. 29.1(2)).
The FOAEA defines persistent arrears as missing full payments for any three payment periods, or accumulated arrears of $3,000 or more (FOAEA, s. 62). In those circumstances, a provincial enforcement service may apply to have certain federal licences, including a passport, denied, suspended or not renewed (FOAEA, s. 67(1)). Before applying, the service must have made reasonable enforcement attempts and sent the required notice, and it can apply only once 30 days have passed after that notice is received (FOAEA, s. 67(3) to (5)).
A notice of a maintenance order may be registered against land in the land title office (FMEA, s. 26). In prescribed circumstances, registering a claim against personal property creates a lien for arrears (FMEA, s. 26.1). These registrations can affect a sale or refinancing until the arrears are dealt with.
The Director may tell a credit reporting agency that a payor is in arrears, but only in the circumstances set out in the regulations (FMEA, s. 43(3)).
A default hearing is a court process, not an automatic result of a missed payment. At a default hearing, the court may, in specified circumstances, order payment of the arrears or imprisonment for up to 30 days (FMEA, s. 21(1)). The Act includes safeguards: for example, a court considers whether a change in circumstances has made the payor unable to pay or whether imprisonment would cause grave injustice, and consecutive periods are capped at 90 days (FMEA, s. 23). Imprisonment does not erase the arrears (FMEA, s. 21(6)).
Yes. The FMEA provides for simple interest on arrears (FMEA, s. 11.1). Under the Family Maintenance Enforcement Act Regulation, the annual rate is tied to the prime rate of the Government’s principal banker and resets on January 1 and July 1. Interest is calculated daily and accrues monthly. No interest is payable on an amount paid within 15 days after it becomes due, and no interest accrues during a period in which the payor shows they were receiving income assistance.
An annual default fee may also apply. It is triggered only after the payor has received a notice of intent and then defaults again in the same calendar year, and the Act exempts some payors, such as those receiving specified income or disability assistance at the time (FMEA, s. 14.4). Under the current regulation, the fee is up to $400 depending on the monthly support amount. Separately, a court may award fixed costs of $400 if it is satisfied the payor could have avoided the default.
Because the interest rate changes and fees are set by regulation, the current figures should be checked before relying on them.
No. FMEP enforces the obligation as written. Only a court order or a new legally effective agreement can change it.
Until a change is made, the existing order remains enforceable. In Colucci v. Colucci, 2021 SCC 24, the Supreme Court of Canada emphasized that a payor must comply with an order until it is no longer in effect (para. 103).
Sometimes, but the tests are demanding. Under FLA section 174(1), a BC court may reduce or cancel child or spousal support arrears if it is satisfied that not doing so would be grossly unfair. The court may consider the payor’s efforts to comply, the reasons the payor cannot pay, and any other relevant circumstances (FLA, s. 174(2)).
In Michel v. Graydon, 2020 SCC 24, the Supreme Court of Canada confirmed that section 152 of the FLA allows a court to vary a child support order even after the child is no longer a dependant and even if the order no longer requires ongoing payment (para. 28).
For orders under the Divorce Act, Colucci sets out the framework for a retroactive decrease. The payor must show a material, sustained and non-voluntary drop in income. The presumptive starting date for any change is the date of effective notice, generally no earlier than three years before formal notice of the application, although the court can depart from that date where fairness requires (para. 113). Cancelling arrears simply because a payor cannot pay now is treated as a last resort; a present inability to pay may instead justify a temporary suspension of arrears (para. 138).
BC’s Limitation Act, SBC 2012, c. 13, does not apply its ordinary limitation periods to a claim for child or spousal support arrears payable under a judgment, or under an agreement filed with the court under FLA section 148(2) or 163(3) (Limitation Act, s. 3(1)(l)).
In practical terms, arrears under a court order or a filed agreement do not simply expire after a few years. This is one reason why payors who fall behind should address the problem early rather than hope it will go away.
A drop in income does not change a support order on its own. A payor who stops or reduces payments without a court order or a new agreement still owes the full amount, and interest and enforcement steps can follow.
The safer course is usually to:
Timing matters. Under the Colucci framework for Divorce Act orders, a bare request to pay less may not count as effective notice; communication should come with supporting documents.
Support obligations do not stop at the provincial border. Under BC’s Interjurisdictional Support Orders Act, SBC 2002, c. 29, a support order from a reciprocating jurisdiction that is registered in BC has the same effect as a BC support order. It can be enforced for arrears that built up before registration and for later payments, and it may be filed with the Director (ISO Act, s. 18(2) to (4)).
As noted above, a Divorce Act order made by a court outside BC can also be filed with the Director where both parties live in BC. Cross-border cases often raise added questions about which court has jurisdiction, so early advice is useful.
The FMEA treats addresses as information that can be searched for enforcement purposes, but it limits how that information is requested and shared. It may be disclosed only to the extent necessary for the enforcement and safety purposes listed in the Act (FMEA, ss. 8, 8.1 and 8.3).
This is controlled disclosure, not absolute secrecy. For example, a notice of a maintenance order registered in the land title office must include the full name and last known address of each party (FMEA, s. 26(1.1)(a)). A court may also make confidentiality orders in some situations (FMEA, s. 9(4)). If you have safety concerns, it is wise to get legal advice before taking enforcement or registration steps.
FMEP can be an effective way to collect support, but it works only with the order or agreement it is given. Legal advice is often valuable when:
Pax Law Corporation’s family law team can review your order or agreement, explain your options under BC law, and help you decide on next steps, whether you receive support or pay it.
FMEP stands for the Family Maintenance Enforcement Program, the British Columbia program that enforces child and spousal support under the Family Maintenance Enforcement Act.
No. The Act says an eligible order “may” be filed with the Director by either the recipient or the payor. Enrolment is a choice, and each party should consider whether it suits their situation.
Yes, if the agreement contains child or spousal support terms and has been filed with the court under section 148(2) or 163(3) of the Family Law Act. An agreement that has not been filed cannot be enforced through FMEP as an order.
Yes. Both the recipient (creditor) and the payor (debtor) can file an eligible order with the Director under section 3(1) of the FMEA.
No. FMEP enforces the amount in the order or filed agreement. To change the amount, you need a court order varying it or a new agreement that is properly made and filed.
The driver’s licence step in section 29.1 of the FMEA applies only where the payor is in default and the arrears are at least $3,000, and the payor must receive at least 30 days’ notice first.
Federal law allows certain federal money owed to a payor, including certain personal income tax refunds, to be garnished to enforce support. Not every federal payment can be taken.
Yes. Simple interest applies to arrears at a rate tied to the prime rate of the Government’s principal banker, reset twice a year. No interest is payable on amounts paid within 15 days after they become due.
The Limitation Act does not apply its ordinary limitation periods to claims for child or spousal support arrears under a judgment or a filed Family Law Act agreement, so those arrears do not simply expire.
Only a court can reduce or cancel arrears. Under section 174 of the Family Law Act, the court must be satisfied that not doing so would be grossly unfair. FMEP cannot forgive arrears on its own.
A support order from a reciprocating jurisdiction can be registered in BC under the Interjurisdictional Support Orders Act. Once registered, it has the same effect as a BC order and may be filed with the Director.
Imprisonment is possible only after a court default hearing and in specified circumstances, for up to 30 days, with statutory safeguards. It is not automatic, and it does not erase the arrears.
The FMEA limits disclosure of address information to what is necessary for listed enforcement and safety purposes. However, some registrations, such as a notice registered in the land title office, include the parties’ addresses. Get advice first if you have safety concerns.
If you are dealing with unpaid support, a request to change a support order, or a lien or enforcement notice, Pax Law Corporation can explain your options under British Columbia law. Consultations are available by booking through our website.
General information only, not legal advice. This article provides general information about British Columbia law as of the date shown. It is not legal advice, the law can change, and every situation is different. Reading it does not create a lawyer–client relationship. For advice about your own situation, please book a consultation with a lawyer.
A practical guide to shareholder agreements for British Columbia companies: how they interact with the Business Corporations Act and the articles, the clauses that matter most, how BC courts have treated shotgun clauses, and what happens when shareholders fall out.
A bridging open work permit (BOWP) can let some permanent residence applicants keep working in Canada while they wait. This guide explains its legal basis in the Regulations, maintained status, restoration, family members and what to do if a BOWP is refused.
A plain-language guide to British Columbia’s Civil Resolution Tribunal: what it decides, how a claim works, when lawyers can act, limitation periods, judicial review within 60 days, and enforcing CRT orders.
Book a consultation with Pax Law Corporation and we will explain the options for your matter.
Book a consultationCall 604-767-9529This website provides general legal information only, not legal advice. Booking a consultation does not create a lawyer-client relationship until we confirm in writing. Outcomes cannot be guaranteed.
We use cookies to measure visits and improve this website. Choose whether to allow them.
0 Comments