Overpayment or Non-receipt of Support Payments
A creditor of support must reimburse any support overpayment within ten days of receiving a demand for payment. If a debtor of support does not make a support payment owing, there is no action required on the part of the creditor. We will detect that the payment was not made and take the necessary steps to recover the amount owing.
To pay the amount owing right away, inform us of your intention to do so. Next:
- complete the detachable remittance slip (included with the letter we sent you);
- attach a cheque or money order made payable to the Fonds des pensions alimentaires (write the number given on the remittance slip on the back);
- insert the remittance slip and the cheque or money order in the return envelope;
- mail us the return envelope within ten days of receiving the demand.
You can also pay the amount owing online. Ask your financial institution or online payment service provider to find out whether you can make an online payment.
If you have already made full or partial payment of the amount owing, contact us so that we can make the necessary corrections to our records.
Make sure that you can provide proof of all payments made, such as:
- receipts signed by the person who received the support payments (the creditor);
- the originals of cashed cheques; and
- proof of funds transferred.
Under the Act to facilitate the payment of support, you cannot make payments directly to the creditor once we have taken charge of your file. Instead, you must send all amounts owing to us; any payments you make directly to the creditor of support may not be taken into account.
If you are unable to pay the amounts owing in full before the prescribed deadline, contact us immediately to reach an agreement regarding the terms of payment.
However, we will not make an agreement with you unless you can prove that it is impossible for you to pay the amount owing before the prescribed deadline.
You may therefore be required to:
- provide documents or information concerning your financial situation; and
- explain what steps, if any, you have taken to obtain a loan or security from a financial institution.
Your payment agreement proposal must first be approved by the creditor of support.
If you do not respond to our demand for payment within 10 days of receiving it, certain remedies (recourses) provided by the Act to facilitate the payment of support may be used. For example, we may:
- apply any amounts owed to you by a public body (such as your income tax refund) to the payment of your debt;
- have your property or accounts in your name at a financial institution seized;
- request that any licenses or permits issued to you by the federal government be suspended (or that renewal of your licenses or permits be denied);
- suspend your Canadian passport.
Furthermore, a collection fee will be automatically charged to you. Collection fees are adjusted annually and bear interest at the rate set by law. You may also be charged other fees, such as legal costs related to recovery measures.