Review the papers that came with the summons
Make sure the information is correct and no documents have been left out. You should have been sent:
- A summons
- The relevant maintenance/support orders or agreements filed with the court
- The enforcement order
- An account statement
A summons
A summons is the court document that tells you to go to court.
You must attend the court named in the summons on the day and time listed. These appearances are currently made by phone or on Microsoft Teams. You'll need to call the courthouse named in the summons to make sure you have the correct link or number to dial in.
This is the first time you'll be before a judge. If you don't attend, there could be serious outcomes. For example:
• the court can issue a warrant for your arrest (in which case the sheriff will come and find you and bring you to court), or
• the hearing could go ahead without you, and an order could be made against you.
The judge usually makes orders for financial disclosure and asks if you're going to get a lawyer the first time you're in court.
See Provincial Court virtual proceedings for more information about your hearing.
The relevant maintenance/support orders or agreements filed with the court
These orders say how much child or spousal support (as well as special expenses, if there are any) you must pay each month. You will have either an order made by a judge or an agreement you signed and filed with a court. Check to make sure that:
- The most recent order or agreement is attached.
- Any relevant orders are attached (if there's more than one that shows how much you must pay).
- The amount of support listed is accurate.
- The recipient is still eligible for the support. (For example, if one or more of the children don't live with the recipient, you may not have to pay support for that child or children.)
The enforcement order
This order would have been made at the Provincial Court default hearing that was held when you got behind in your support payments. It'll say how much you have to pay each month, as well as how many days in jail you must serve for each missed payment. You should have received a copy of this order in the mail after the default hearing.
You'll need copies of the financial statement and other documents (such as T4s, income tax returns, or notices of assessment) that you filed at the time of the default hearing, if you did so. If your income has gone down since the hearing, these papers could help you prove it. If you don't have copies, the registry office at the courthouse where your case was heard may be able to give them to you.
An account statement
This statement lists the payments that were due and what payments you've made since the support order was filed with the FMEP. Any amount due at the time the order was enrolled should also be listed.
Check the most recent orders against the account statement to see that all of the amounts due match. Also check that every payment you made was credited to your account. If you weren't given credit for payments made, find your bank statements or other records that prove you made the payments and bring them to the hearing.