Maintenance and contact are separate

If payments stop because of contact

• Not paying under a maintenance order is a criminal offence. Refused contact is no excuse.
• Once a payment is 10 days late, you can apply to enforce the order on Form K (J306). See maintenance arrears and garnishee orders.
• You can also lay a criminal complaint about non-payment. The form is Form Q (J470).
• A parent with a contact complaint must go to the Family Advocate or the court, not hold back money.

If you are thinking of stopping contact because maintenance isn’t paid

• If a court order, or a parenting plan made an order of court, gives the other parent contact, refusing it can be a criminal offence and contempt of court.
• Courts take this seriously. In one case a mother who kept refusing court-ordered contact was ordered to prison for contempt, while the other parent had kept paying maintenance.
• Withholding contact won’t bring the money in. Enforcing the maintenance order will.

When contact isn’t safe

If you fear for your child’s safety, don’t simply keep the child away. Apply for a court order:

• A protection order, where the court can refuse contact or set conditions on it if that is in the child’s best interests.
• An application to the court to limit or suspend the other parent’s contact.

When the arrangements really change

If the child now lives with the paying parent more of the time, that parent can apply to change the maintenance amount. That is done through the court, on Form B (J107). Nobody can simply pay less on their own. See changing a maintenance order.

Sorting out contact

The parenting plans guide explains how a plan is agreed, registered and enforced, and how the Family Advocate can help.

Questions parents ask

I’ve been told “no contact, no money”. Is that allowed?

No. Not paying under a maintenance order is an offence, and refused contact is no excuse. Enforce the order at the maintenance court.

Maintenance isn’t being paid. Can I keep the children from the other parent?

Not if a court order, or a parenting plan made an order of court, gives them contact. That can be an offence and contempt of court. Enforce the maintenance order instead.

What if I fear for my child’s safety?

Apply for a protection order or a court order limiting contact. Don’t simply withhold contact.

We only have an informal arrangement. Do the same rules apply?

Maintenance owed under an order must be paid regardless. The contact offence applies to court orders and formal agreements under the Children’s Act, so speak to the Family Advocate or an attorney about an informal one.

Where does a parent go about contact?

The Family Advocate, a parenting plan, or the court.

Can the paying parent pay less if the children live with them more?

Possibly, but only by applying to change the order. Nobody can reduce payments on their own.