If you're in arrears with your support payments, the Family Maintenance Enforcement Program (FMEP) might tell ICBC to cancel your existing licence or not to issue you a new licence.
But you can get your licence back.
When can FMEP take away your driver's licence?
The law says FMEP can tell ICBC to cancel your driver's licence or not to issue you a new licence if you owe $3,000 or more under a support order. This is called a licence cancellation.
If this happens, your driver’s licence is cancelled and you won't be able to drive.
FMEP will try to contact you to:
- let you know they're going to do this, and
- give you a chance to sort out your arrears.
See their Driver's licence cancellation fact sheet for more about this.
How can you get your licence back?
If you want to get your licence back, you have to call FMEP and explain to them that at least one of these points is true:
- You'll agree to pay off your arrears over time as well as paying your ongoing support.
- Someone made a material or substantial error. For example, maybe:
- you're not the payor (the person who's supposed to pay child support under the order), or
- you're in arrears with your payments but the amount you owe is less than $3,000.
- If you don't have a driver's licence, you can't work or get to work, so your income will drop. If you haven't been paying any support, you might need to get a letter from your current or a potential employer saying they have a job for you but that you need a driver's licence to do the job. You'll also have to come to an agreement with FMEP about how you'll repay your arrears or report (tell them about) your earnings once you're working. This means you'll probably need to give FMEP proof of your income and expenses.
If FMEP still says you can't get your driver's licence back, you can apply for a judge's order to get it back.
How do you apply to the court to get your licence back?
Follow these steps to apply to the court to try to get your licence back.
1. Get your court documents ready
Fill in these forms:
- A Notice of Motion in an Enforcement Proceeding (PCFR Form 24). Follow the instructions on the first page of the form.
- An Affidavit in support of your application (PCFR Form 17). You don't need this one but it might be helpful. An affidavit is a sworn statement that shows the judge evidence about the relevant facts about your case. For example, if you get a letter from your employer saying you need to be able to drive for your job, you can attach a copy of the letter as an exhibit to your Affidavit. You can swear or affirm the Affidavit at the court registry or before a lawyer or notary public. But even if you fill in an Affidavit, the judge might still want you to be sworn in as a witness at the hearing and give your evidence in person.
- A Statement of Finances or a Financial Statement (PCFR Form 4).
2. Get a court date
When you go to the court registry to file your Notice of Motion and other documents, the registry staff will give you a court date. Write that date on your Notice of Motion.
3. Serve your Notice of Motion on FMEP
You have to serve a copy of your Notice of Motion on FMEP. You can fax or mail it to them with your Financial Statement and any other supporting documents.
There have to be at least seven whole days between the day you serve FMEP and your court date. For example, if your hearing is on May 10, you have to serve FMEP by May 2.
You don't have to serve your Notice of Motion on the person you pay support to.
4. Present your application to the judge
Because it's your application, you'll present your case (speak) to the judge first. You'll have to convince them that at least one of these points is true:
- Someone made a material or substantial error.
- If you don't have a driver's licence, your income will drop, or has already dropped.
- You'll make regular payments to pay back the arrears, as well as your usual monthly support payments.
You might be able to convince a judge that if they give you back your licence, you'll surrender it (give it up without being asked) if you don't make the payments you've agreed to.