Let’s be honest—getting a child support order in place can already feel like an emotional marathon. So, what happens when the paying parent just… doesn’t follow through? You’ve done the hard work, gone through the legal channels, and now the payments are late or missing entirely.
It’s frustrating. It’s disheartening. And it’s not okay.
If you’re in that spot, you’re not alone—and you’re not powerless. Enforcing a child support order is not complicated, but it does require knowing your rights, understanding the tools available, and taking action with clarity and confidence.
Let’s walk through how it all works—and what you should expect along the way.
Why Enforcement Matters (and No, It’s Not About Revenge)
Some people hesitate to take legal action because they worry it’ll cause drama or make things worse. But let’s clear something up: this isn’t about punishment. It’s about accountability.
Child support exists for one reason—to provide for your child’s basic needs. Food. Housing. School supplies. Clothes that fit. This isn’t extra cash; it’s essential.
And when payments stop, your household shoulders that burden alone. That’s why the law allows and encourages enforcement. Because your child deserves consistency.
Common Reasons Payments Get Missed
Now, before we get into the nuts and bolts of enforcement, it’s worth asking: why is the other parent not paying?
Sometimes the reasons are honest (though still not legally valid):
- Job loss or income change
- Medical issues
- Miscommunication or a mistaken belief that the order changed
Other times? It’s just flat-out refusal or manipulation. Unfortunately, willful non-payment happens more than it should.
Understanding the “why” can help you anticipate what kind of resistance you might face—and how aggressive your enforcement strategy should be.
Step One: Document Everything
Before filing a complaint or asking the court for help, gather your records. Judges, Associate Justices and Justices care about proof, not just frustration.
What you’ll want:
- A copy of the existing court order
- Payment history (or lack thereof)
- Communication records—texts, emails, or voicemails
- Any receipts or bank statements
This paper trail becomes the backbone of your case. The more organized you are, the faster things tend to move.
Step Two: Contact Your Local Child Support Agency
Every province has a department that helps enforce support orders. In most cases, you can request enforcement services directly through them at no cost.
These agencies have access to tools that individual petitioners often don’t, like:
- Automatic wage garnishment
- Tax refund interception
- License suspensions (driver’s, professional, recreational)
- Passport denial for delinquent payers
They also have the benefit of not being emotionally involved, which can take a lot of pressure off you.
Still, agency processes can take time—so if you need faster or more aggressive results, you may want to speak with an experienced family lawyer.
Contempt of Court: A Stronger Legal Option
Here’s where things get more serious. If the other parent is willfully violating a court order, you can file a motion for contempt. That’s legal speak for saying, “They know what they’re supposed to do and they’re choosing not to.”
In contempt cases, the court can issue penalties like:
- Fines
- Jail time (in extreme cases)
- Legal costs
- Mandatory payment plans
It’s a powerful route—but it works best when you’ve shown that less aggressive measures haven’t worked.
Also, don’t expect a judge to jump to jail time. Courts usually prefer solutions that get money flowing to the child, not punishments that make that harder.
What If They Say They Can’t Pay?
Let’s say the other parent claims they want to pay but can’t. That’s when courts will look at their financial situation more closely.
They’ll examine:
- Employment history
- Current job search efforts
- Assets and expenses
- Any attempts to modify the order officially
If there’s been no application to change the order, they’re still on the hook for every missed payment. That’s key. Only the court can change the amount owed—not a casual agreement or handshake deal between parents.
So, if they owe back support and haven’t filed to modify, guess what? It’s enforceable. Period.
Can You Collect Back Support Years Later?
Absolutely. Child support debt doesn’t just vanish. In fact, case law establishes that child support is collectable after a child turns 18/19 depending on your province.
So if you’re hesitating because you feel like “too much time has passed,” don’t. You still have legal standing.
Should You Ever Handle This Alone?
If you’re thinking of confronting the other parent directly, tread carefully. Emotional conversations can spiral fast, especially when money and kids are involved.
And honestly? If they’ve already shown a pattern of non-payment, they’re probably not going to suddenly comply because of a heartfelt text.
Instead, let the legal system do the heavy lifting. Whether you’re enforcing support or working with a lawyer for custody arrangements to navigate parenting plans, using the tools available to you doesn’t make you a villain—it makes you a protector.
What If You’re the One Behind on Support?
Let’s flip the script. If you’re the one who’s missed payments—intentionally or not—the worst thing you can do is ignore it.
Reach out. Request a modification if your financial situation has changed. Communicate. Judges are far more lenient with people who show up, explain themselves, and take action.
But if you ghost the system, it will catch up. And the consequences can snowball fast.
So be honest, get ahead of the issue, and ask for help if you need it.
Don’t Let Guilt or Fear Delay Action
Sometimes parents delay enforcement because they feel guilty—maybe they want to “keep the peace” or they worry about what their child will think.
But here’s what your child actually needs: stability, support, and a parent who advocates for their well-being.
Enforcing child support isn’t about “going after” someone. It’s about standing up for your child.
So, whether you’re just now realizing the other parent has stopped paying, or you’ve been silently carrying the weight for years—it’s not too late to act.
Maio Law: Real Help When You’re Ready to Enforce a Child Support Order
If you’re overwhelmed by the legal side of enforcing a child support order, Maio Law is here for you. Our team understands the stress, frustration, and emotional weight these situations carry—and we know how to move things forward with clarity and confidence.
Whether you’re ready to file today or just want to talk through your options, our child support lawyers in Kelowna are ready when you are. Because enforcing support shouldn’t feel like a second full-time job. It should feel like justice catching up.
