Obtaining a Court Order

There are a number of legal resources in BC to help the recipient or payor get a maintenance order or agreement. FMEP doesn’t offer this service.

To be enforceable by FMEP the maintenance order or agreement needs to clearly set out what support is owed. See the tips below.

Once the maintenance order or agreement is finalized by a court or lawyers, it then needs to be filed in a BC court.

How to word the maintenance order

The maintenance order or agreement should clearly state:

  • one parent is to pay the other parent
  • the name of the each child with the date of birth
  • the date payments are to start
  • the frequency of payments (e.g. per month)
  • the exact amount of each payment
  • the income of the parents on which the amount of the child support is based as per the Child Support Guidelines
  • what dates or events, if any, would make child or spousal support end

How to word expenses for a child

If the maintenance order or agreement is to include special or extraordinary expenses for a child, the expense amount needs to be separate from the child support amount and should clearly state the:

  • type of expense
  • name of the child to whom the expense relates
  • the exact amount one parent is to pay the other parent for the expense
  • the date payments are to start
  • the frequency of payments (e.g. per month)

Example:

In addition to the child support payment under the Child Support Guidelines, (paying parent) shall pay (other parent) the sum of $(amount) per month for expenses for the child(ren) on the (day) of the month commencing (date), calculated as follows:

An example special and extraordinary expenses table showing 3 columns: Child's Name, Type of Expense, and $Amount of (Paying Parent’s) Contribution