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In This Volume

The Family Maintenance Enforcement Act provides for the enforcement of maintenance orders and orders for the payment of arrears by either the Director of Maintenance Enforcement or the person entitled to the maintenance. All enforcement proceedings in the Provincial Court take place under the provisions of this Act.


Under s. 26 of the Act, where a maintenance order or an order for the payment of arrears has been made by the court, a creditor or the Director of Maintenance Enforcement may file a notice of maintenance order in the land title office. It is registered in the same manner as a charge. The filed notice of maintenance order is deemed for the purposes of Part 5 of the Court Order Enforcement Act to be a judgment as defined in s. 81 of that Act.

The director has approved the use of Form 42 Notice of Maintenance Order—Family Maintenance Enforcement Act. The use of this form is compulsory. On the Form 17 Charge, Notation or Filing, select Nature of Interest, Notice of Maintenance Order, and attach an image of the notice of maintenance order.

Note that under ss. 18 and 19 of the Interjurisdictional Support Orders Act, most extra-provincial and foreign support orders may be enforced or varied in the same manner as a support order made by a court in British Columbia.

Under s. 28, a maintenance order takes priority over other unsecured judgment debts of a debtor.