The end of assigning maintenance rights: What does it mean?

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To continue assignment, contact MSDSI by June 5, 2015

By Legal Services Society
Cross-posted from the Factum

The Ministry of Social Development and Social Innovation (MSDSI) recently sent some of the people who get income or disability assistance a letter about changes to the requirement to “assign maintenance.” Some people still have questions about this change, so The Factum will try to make sense of them here.

As of September 1, 2015, child support payments will no longer be deducted from income/disability assistance payments. This is good news as parents won’t have their child support clawed back.

The old rules

Before May 1, 2015, if you were divorced or separated and getting income/disability assistance, you had to sign over your rights to maintenance (child support) payments to the ministry. This “assignment of rights” allowed the ministry to take your spouse to court and get a court order for child support. If your spouse refused to pay, the ministry could send the court order to the Family Maintenance Enforcement Program, who would collect the payments for you. Then the ministry would deduct that amount from your income/disability assistance.

The new rules

As of May 1, 2015, you don’t have to assign your maintenance rights to the ministry anymore.

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More Help Available for Families Experiencing Separation and Divorce – Sliding Scale Family Mediation Project

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About Mediation Page
Mediation help for separation and divorce

By Kari Boyle
Director of Strategic Initiatives, Mediate BC

Are you going through a separation or divorce? Would you like to avoid the time, money and stress involved with going to court? Mediate BC is a not-for-profit society that provides people with practical, accessible and affordable choices for resolving their disputes. With funding from the Law Foundation of BC, Mediate BC has launched the Sliding Scale Family Mediation Project this Spring to help families experiencing divorce and separation to access mediation services at fees which are set based on the family’s net income and assets/debts.

What are the benefits of mediation?
Family mediators will help you reach decisions about issues such as: property division, child and spousal support, parenting time and guardianship without going to court. This approach promotes a healthy relationship with the participants and any children involved, and can also save you time, money and stress.

How do I get started?
Visit our website or call the Sliding Scale Project Mediation Coordinator, Maria Silva, at 1-877-656-1300 ext. 108 for more information. She will help you decide if this program is the right choice for you.

What if I or my ex-spouse/partner qualify for Legal Aid?
You may be eligible for the Family Mediation Referral Program which provides the first six hours of family mediation services at no charge to your family.  To apply for this service, visit a Legal Aid office or contact the LSS Call Centre.

Below are some of Mediate BC’s other services and resources:
–    About Mediation: information on mediation, including the role of a mediator and how to choose one.
–    Roster Mediator Directories: searchable directories of civil, family, and child protection mediators to assist people in selecting a suitable mediator to resolve their dispute.
–    Public Education and Training: offers free public seminars on mediation and professional development opportunities for dispute resolution practitioners.