If you cannot come to an agreement on your own, the following services may be able to help you:

• Family Law Information Centre (free)
• Yukon Family Mediation Service (free)

If even after trying these services you still can’t reach an agreement, you will have to go to court.

Family Law Information Centre (FLIC)

FLIC is a legal resource for separating or divorcing couples and families in transition.

FLIC is an office of the Court Services branch of the Yukon Department of Justice that provides information on family law issues and court procedures.

Services provided by FLIC are free to the public. Anyone who needs information about Yukon family law matters can use the centre, but it is important to understand and remember that FLIC staff members do not take the place of a lawyer.

FLIC is staffed by neutral people who provide legal information and educational materials as a public service. Your communications with the staff are confidential, but staff members are available to help both parties.

Contact FLIC at:
Phone: (867) 456-6721
Toll free (in Yukon): 1-800-661-0408, ext. 6721
Fax: (867) 456-6105
Email: FLIC@gov.yk.ca

’For the Sake of the Children’ workshop

’For the Sake of the Children’, is a free, three-hour information session for anyone who are dealing with the issues of separation, including child support. The session is intended to help parents make careful and informed decisions about their separation and any conflicts that may result from it and to ensure that these decisions take into account the best interests of their children. Contact the Family Law Information Centre to register.

Mediation

In mediation, you and the other parent will work with someone who is specially trained to help you reach an agreement. A mediator will:

• Provide a neutral place for you and the other parent to meet
• Help define the issues you need to resolve
• Keep the discussions on track
• Help you maintain a working relationship with the other parent

A mediator will not make decisions for you, but can help you and the other parent communicate with each other about all of the issues involved in your separation. Both parents also have to agree to mediation for it to work.

Mediation gives you more control over what happens. It allows for more creative and flexible arrangements that suit your particular circumstances. If you go to court, the judge will decide for you, using the limited range of options available under a court order.

People who use mediation are usually more satisfied with the outcome than those who don’t. This means they are more likely to follow the terms of the agreement.

It is informal and private. While a lawyer can attend mediation with you, there is usually no one else there but you, the other parent, and the mediator. No one else has to know the details of your agreement.

Contact the Yukon Family Mediation Service at: (867) 667 5753

If you have to go to court

It is a lot less stressful if parents can work out a child support agreement on their own, but that doesn’t always happen. Sometimes court is the only option left available to ensure that children get the financial support they need when their parents separate.

Parents can apply for a child support order in the Supreme Court of Yukon.

The paying parent will be required by the court to provide proof of their present income, together with their recent income tax returns, and other financial documents that may be important. In most cases, such as when the parents are paying for special or extraordinary expenses, or when the parenting arrangement is shared, the receiving parent will also be required to provide financial documents.

The judge will make a child support order based on the Child Support Guidelines. The judge will make a decision about how much child support should be paid, who should pay it, and how often. Parents have to obey court orders.

Contact the Family Law Information Centre to get more information regarding court process and forms.

What if a parent doesn’t pay child support?

The Maintenance Enforcement Program (MEP) is a service established by the Yukon government to help parents receive their child support payments. “Maintenance” is another term used to describe support.

If you enroll in the program, staff at MEP will monitor your child support order and enforce it if payments are late or unpaid. MEP staff will contact the non-paying parent and arrange for payment to be made. There is no cost to enroll and there is no time limit when a parent can file their child support agreement or order.

Some parents enroll in the program because it is easier to have MEP collect payments than it is to do it themselves. When necessary, however, MEP has the power to take wages, make financial agreements that can’t be broken (“binding” agreements), and take other legal action to get payments on behalf of the children.

It is better to pay child support when your children need it. If parents don’t pay child support and get behind in their payments (are “in arrears”), their Old Age Security and Canada Pension Plan benefits can also be taken (“garnished”) to pay the debt.