British Columbia

Canada – British Columbia

Contact
Ministry of the Attorney General
Reciprocal Office
P.O. Box 2074 Station Main
Vancouver BC V6B 353
Canada

ISO Forms: http://www.ag.gov.bc.ca/family-justice/index.htm

Overview
U.S. Federally Declared Foreign Reciprocating Country – Effective December 15, 2001

Web Link to Guides and Forms

http://www.ag.gov.bc.ca/family-justice/resources/brochures_booklets/iso/pdf-instructions.htm
http://www.acf.hhs.gov/programs/cse/

Relevant Laws

Age of Majority
Age of majority in British Columbia, Canada: 19
Q: If not stated in the order at what age is child support automatically terminated as a matter of state law? Qualify if necessary.
A: Where a termination date is not stated in an order there is no automatic termination.

Q: Does child support end if the child leaves the household but does not emancipate?
A: No. For the purpose of maintenance a child is defined as someone under 19 or over 19 but unable because of illness, disability or other reason to withdraw from their parent’s charge or obtain the necessaries of life.

Q:Does British Columbia, Canada allow support to be paid beyond the age of majority under any circumstances (for example, the child is handicapped or in post-secondary education)?
A: Yes. If a child is not self supporting for good reason after majority, ie. Education, disability, lack of employment opportunities.

Service of Process
Check which of the following methods are used to serve process on an individual.

__X__ personal service

_____ regular mail (no receipt)

_____ registered mail (receipted by addressee only)

_____ registered mail (receipted by anyone at the address)

_____ publication (example: in a legal journal, newspaper, public posting)

Where a maintenance order is being registered for enforcement in British Columbia, Canada notice of registration is sent regular mail.

How is a non-resident or person whose whereabouts are not known, notified of proceedings?

It is possible to obtain a court order to serve process by regular mail, registered mail, personal service on another person, or publication.

Statute of Limitations
Q: Is there a statute of limitations for past due support? If yes, describe.
A: Yes. Where the past due support is child support the limitation period is 10 years from age 19. Where the past due support is spousal support, the limitation is 10 years for each payment from the date it was due. In either situation the 10 years is extended by an acknowledgement in writing of the liability or a payment.

Q: Is there a statute of limitations for establishing paternity? If yes, describe.
A:No.

Q: Will British Columbia, Canada accept a petition if the only issue is support for a prior period, that is, no child is currently entitled to support?
A: Yes.

Amount of Support
Q: In setting the amount of support, whose income is considered in addition to the income of the non-custodial parent? (for example: custodial parent?s custodial parent?s new spouse, child?s, etc).
A: Only the non-custodial parent’s income is considered except if a parent claims hardship. If hardship is claimed then the custodial parent’s income is considered.

Q: How is the amount of support determined? Examples: by formula, % of income, tribunal discretion, etc.)
A: For child support, by formula based on income except where there is hardship, the Payor is under employed, or the child is over 19. Maintenance can be reduced where there are high access costs. Where a contribution for extraordinary expenses such as medical or day care is claimed both parents incomes are considered to establish the required contribution of the non custodial parent to that extraordinary expense. Spousal support is based on the needs, means, capacities and economic circumstances of each spouse.

Q: Does British Columbia, Canada allow for support for a period before the parent applied? If yes, what is the period allowed (for example, from the birth of the child, from date of separation, retroactivity support is limited to X years, etc.)
A: Yes, although courts are hesitant to make such orders unless there is an explanation for delay.

Modification of Orders
Q: May either party request a review for modification?
A: Yes.

Q: Will British Columbia, Canada modify its existing domestic judgment when one of the parties resides in the USA and will not return for or refuses to participate in the proceedings?
A: Yes. The British Columbia court will consider a modification if a provisional variation order is received together with a transcript of proceedings.

Q: Does British Columbia, Canada law require automatic adjustments (for example, based on changes in the cost of living, or X% every 3 years, etc.)
A: No.

Q: If yes, are the automatic adjustments considered to be modifications of the order?
A: N/A

Q: Is a new order issued as a result of an automatic adjustment?
A: N/A

Q: Is there a minimum or threshold amount of change that must occur before a modification is made? (For example, the order would need to change by 25 dollars or more, or at least 10% change in order).
A: No.

Cost Recovery
Q: What costs, if any, are recovered from the custodial parent?
A: None.

Q: What costs, if any, are recovered from the non-custodial parent?

Costs of paternity testing where ordered and the test is positive.
Court costs where awarded to the custodial parent.
Expenses incidental to prenatal care of the mother or child or birth of the child.

Forms and Procedures
U.S. Federally Declared Foreign Reciprocating Country — Effective December 15, 2001

IF the person in the US wants to….

THEN complete these forms and documents….

Establish a new (initial) support order in British Columbia including the establishment of paternity

Transmittal Form

Case Information Form

Uniform Support Petition

Marriage Certificate, Birth Certificate, Divorce

Decree

Transmittal Form

Case Information Form

Affidavit of Arrears

Two certified copies of existing order(s)

Applications to register and modify a US order/assessment must be made to the BC court via the Maintenance Enforcement and Locate Services office ? Reciprocals Program

Transmittal Form

Case Information Form

Uniform Support Petition

Three certified copy of existing order

Statement of Arrears

Certified/sworn evidence, transcripts, exhibits, if any

Enforce an existing British Columbia order in British Columbia

Transmittal Form

Case Information Form

Affidavit of Arrears

Copy of existing order (if possible)

Modify an existing British Columbia court order through the British Columbia Family Maintenance Enforcement Program

The BC FMEP does not have a mandate to make or modify orders/assessments

Applications to modify an order/assessment must be made to the British Columbia court via the Maintenance Enforcement and Locate Services office ? Reciprocals Program

Transmittal Form

Case Information Form

Uniform Support Petition

One certified copy of existing order

Statement of Arrears

Locate a person or provide leads to

Assets in British Columbia

Transmittal Form

Locate Request

Request status, assistance, or information (ex: requesting income information for a modification, service of process, etc.)

Transmittal Form

Locate Request