Possible outcomes
If the judge is satisfied that you couldn't have paid because there's been a change in your income since the enforcement order was made or that it would be a grave injustice to imprison you, the judge can:
- change the enforcement order (even if you haven't applied to do so), or
- set a date for another hearing (to consider changing the enforcement order).
If the judge isn't satisfied that you tried hard enough to pay the support or believes that you could have paid it, he or she will order that you go to jail.
If you're sent to jail
The judge will sign a Warrant of Committal for you to be jailed for a certain number of days, unless you can find a way to pay the amount of arrears that the judge sets. The number of days you must serve will depend on how many defaulted payments there are, up to a maximum of 90 days (see Step 2 to find out how to calculate the number of days in your sentence).
You'll usually be sent to jail right away, without the options of electronic monitoring or early release. However, if the amount you owe is paid in full, you can be released right away. Sometimes you can make arrangements to pay a partial amount and be released; to do so, you would have to negotiate with the BCFMA, and then go before a judge and ask the court to amend the warrant.