(LPCH)Decide what to do

Decide what to do

At this point, you have three options:

  1. You can contact the BCFMA and try to work out a payment plan. This option might be best if a mistake was made, or if your income hasn't changed since the original support order was made, but you just got behind in your payments. Family duty counsel at your local courthouse might be able to help you with this process. See Step 4.
  2. If your income is lower (for instance, because you've been sick and lost your job, or because you have a different job that pays less), you can try to change the support order so you owe less money every month. (See Step 5 for more information on this process.)
  3. You can also try to change the enforcement order. You might choose to try and change the enforcement order if you didn't attend the enforcement hearing and the amount you were ordered to pay is based on inaccurate information. You may be able to pay less in arrears or even pay less than your regular support order temporarily (usually until the support order can be changed), with the balance being added to the arrears until you can pay it or until the support order can be changed. Read Step 6 for more information on this process. (Changing the support order is a better option unless the order is from another province or you face other barriers to changing it easily.)
If you succeed in changing the support order, you'll get a chance to make new payments that better reflect your circumstances and a chance to make them on time. The whole process will start again, the amount you owe in arrears will likely be lowered, and you might be able to avoid jail time for violating the enforcement order.

To decide what to do, you might want to speak to family duty counsel at your local courthouse. Their services are free, and they might give you advice, help you prepare forms and other documents, or help you negotiate with the BCFMA. They can't represent you at the hearing, however. For that kind of help, you will have to hire a private lawyer. You might consider doing so, even if it's just for an hour or two. For more information on duty counsel or how to find a lawyer, see Get more help (Call or Visit) at the top right of this page.

When you go to speak to the lawyer or to duty counsel, take all of the documents related to your case with you. Anyone who helps you will need to know where the original support order was made (in BC or somewhere else), and which type of court it was made in (Provincial or Supreme Court). This information makes a big difference when it comes to which process you'll have to go through to change the support order.

Updated on 9 July 2024