This blog adds to the previous blog on ideas to enforce agreements on child and spousal support payments.
Step 1 is to confirm if there is also a court order on child and spousal support.
Step 2 is to check the agreement for enforcement or dispute resolution clauses: such as mandatory mediation.
In addition to meditation, arbitration or court, some excellent resources to enforce support payments include:
-Child Support Resolution Program (https://www.alberta.ca/child-support-resolution-program)
This is a free 1.5 hour online session moderated by an experienced family law lawyer. Both parties attend and try to negotiate a resolution.
-Child Support Recalculation Program (https://www.alberta.ca/rp-am-i-eligible)
This is available primarily for court orders (and some specific types of child support agreements). The amount of child support is updated annually based on tax returns.
-Maintenance Enforcement Program (https://www.alberta.ca/maintenance-enforcement-program)
This is the most common enforcement tool. It is available for a court order and some specific types of support agreements. The MEP has powers of enforcement including penalties, garnisheeing wages, and restrictions on drivers’ licences, hunting/fishing licenses and even passports.
A court application may be necessary to turn the child and spousal support clauses from the Agreement into a Court Order (that can be enforced via the MEP). In some cases, the agreement or Order may include that financial security is posted (to secure support payments), or financial consequences for breaches.
There is also relatively simple court application to obtain the yearly income disclosure needed to update child support. This is called the Notice to Disclose Desk Application. The court has broad powers to deal with non-disclosure including imputing an income and financial consequences.
This is general information only and is not legal comments or advice specific to your situation.
– Written by Ceri Chwieros
