Introduction

Child support is a critical component of ensuring that children receive the financial support they need from both parents. However, there are times when the paying parent may miss payments, leading to the need for enforcement actions. This article explores the consequences of missed child support payments in Canada and the steps that can be taken to address non-compliance.

Understanding Missed Payments

When a parent fails to make child support payments as required by a court order or agreement, it can have serious financial implications for the receiving parent and the child. Missed payments may occur due to various reasons, including financial difficulties, employment issues, or deliberate refusal to pay.

Immediate Actions When Payments Are Missed

If child support payments are missed, the receiving parent should take the following immediate actions:

• Review the Payment Schedule: Verify whether the payment was missed or delayed due to a legitimate reason, such as a bank error or postal delay.
• Contact the Paying Parent: Reach out to the paying parent to discuss the missed payment and attempt to resolve the issue amicably.
• Document Everything: Keep detailed records of missed payments, communication attempts, and any other relevant information. This documentation is crucial for enforcement actions.

Enforcement Measures for Missed Payments

In Canada, several enforcement measures can be used when child support payments are missed. These measures aim to compel the paying parent to fulfill their obligations:

1. Income Deduction Orders

An income deduction order is a legal directive that requires the paying parent’s employer to automatically deduct child support payments from their wages and forward them to the receiving parent. This method helps ensure consistent payment and reduces the likelihood of missed payments.

To obtain an income deduction order, the receiving parent must apply to the court or family justice service, which will then issue the order to the employer.

2. Garnishment of Bank Accounts

Garnishment involves obtaining a court order to freeze and seize funds from the paying parent’s bank accounts to cover overdue child support payments. This measure is typically used when other enforcement methods have been unsuccessful.

To initiate garnishment, the receiving parent must apply to the court, which will issue a garnishment order to the financial institution holding the funds.

3. Property Seizure

If other enforcement measures fail, property seizure may be used to confiscate and sell the paying parent’s property to cover unpaid child support. This method is used as a last resort when other options have not resolved the issue.

The court will issue a seizure order, and a bailiff or enforcement officer will carry out the seizure and sale of the property.

4. Suspension of Driver’s License or Passport

In some cases, the court may order the suspension of the paying parent’s driver’s license or passport as a means of enforcing child support. This measure can create additional pressure on the paying parent to comply with their obligations.

The receiving parent must apply to the court or family justice service to request the suspension, which will then be forwarded to the appropriate licensing authority.

5. Contempt of Court

If the paying parent continues to miss payments despite enforcement actions, they may be found in contempt of court. Contempt of court can result in penalties such as fines or imprisonment.

The receiving parent must file a motion with the court to have the paying parent held in contempt, providing evidence of non-compliance and attempts to enforce the order.

Steps to Take if Payments Are Missed

To address missed child support payments, the receiving parent should:

• Review the Support Order: Confirm the terms of the child support order or agreement to ensure that it is being followed correctly.
• Contact Legal Services: Seek advice from a family lawyer or legal aid service to discuss options for enforcement and understand the best course of action.
• File a Motion for Enforcement: Apply to the court or family justice service to initiate enforcement actions, such as income deductions or garnishments.
• Monitor and Follow Up: Keep track of the enforcement process and ensure that actions are taken and payments are received as required.

Conclusion

Missed child support payments can have significant consequences for both the receiving parent and the child. In Canada, several enforcement measures are available to address non-compliance, including income deductions, garnishments, property seizures, and more. By taking appropriate action and seeking legal guidance, the receiving parent can help ensure that child support obligations are met and that the child’s needs are supported.