Remedies are available to collect delinquent support payments

By LegalMatters Staff • When a marriage ends in divorce, one partner could be required to pay either child or spousal support, or both. But if that person refuses to make those support payments, the other partner may have trouble buying food or paying for housing.

In Alberta, recipient parents (those awarded maintenance payments by the court or in legal agreements) have options.

“The first thing to do is talk to your ex as soon as the problem arises, and address it before the situation gets worse,” says Edmonton family lawyer Emily Gore. “Your ex may have a legitimate reason for missing a payment, such as unexpected bills or the loss of a job. Talking to them will clear the air and hopefully resolve the situation.”

If regular support payments do not resume, recipient parents need to take further steps, she says, such as enrolling in the Maintenance Enforcement Program (MEP).

“It enforces maintenance obligations awarded in court orders and certain agreements by collecting payments from payors and forwarding them to recipients,” Gore explains. “Enrolment is free, provided they have first obtained a court order setting out what the child or spousal support payments should be.”

If an ex-partner does not make spousal or child support payments to MEP on time, the program has the authority to take certain steps, she says.

“The MEP can garnishee wages, bank accounts and certain federal government payments such as income tax refunds and employment insurance benefits,” says Gore. “It also has the authority to seize personal or real property, and suspend provincially issued documents such as a driver’s licence.”