Enforcement Action
The director of the Maintenance Enforcement Program has the power to obtain information about the address and financial circumstances of persons required to pay support. This helps MEP take effective action if the paying person does not make the required payments (defaults). The program will make efforts to work with a support payer so that they can make payment and meet their support requirements through voluntary payments and without the need for enforcement. Voluntary payment is the only means to ensure support payments are paid to a support recipient on time.
What are the different types of enforcement action?
There are many steps the program can take to enforce support payments when default occurs, including:
- Support deduction notice (garnishment) - Require anyone who owes the support payor money to pay it directly to MEP through a support deduction notice (SDN). An SDN may be applied to almost any income or money asset. An SDN issued to a financial institution (i.e. bank or credit union) may prevent you from accessing your account in any way (i.e. ‘freeze’ your account) depending on the financial institution’s policies.
- License and vehicle registration - Request that Manitoba Public Insurance (MPI) suspend or refuse to issue or renew a support payor’s driver licence or motor vehicle registrations.
- Passport suspension - Request that the federal government suspend a support payor’s passport and/or other federal licences (for example: pilot or marine licence).
- Credit Bureau - Report the support arrears to the credit bureau. This may affect a support payor’s ability to qualify for a credit card or take out a loan.
- Property seizure - Seize personal property and arrange for the sale of such items (writ of execution).
- Land title registrations - Register a lien against any land a support payor may own
- Personal property registrations – Register a lien against any personal property a support payor may own (including a car, boat, trailer or home).
- Notice to appear - Require a support payor’s appearance before a designated officer to review your financial circumstances and ability to pay.
- Summons to court - Issue a summons for a support payor to attend court before a judge or master that could result in fines of up to $10,000.00 amount or incarceration.
Who decides what enforcement action will be taken?
The director decides what enforcement action is most appropriate for each case.
What happens at a show cause hearing (default court)?
A defaulting payor appearing for a show cause hearing must satisfy the court that they did not wilfully fail to make support payments. For example, there were extreme circumstances that made it impossible for the person to make payments. The person entitled to payments (support recipient) does not have to attend the hearing. Representatives from Manitoba Justice will appear on behalf of MEP at the show cause hearing to enforce the order. These proceedings are typically adjourned several times as information is gathered for enforcement and the defaulting payor is encouraged to take steps to bring themselves into compliance.
At the end of the show cause hearing, the court may order payment of the arrears in full or through regular installments (e.g., monthly payments). These default payments are in addition to the regular support payments already required under the order or agreement. The court may also fine the defaulting payor up to $10,000 and/or order a jail term of up to 200 days.
It is important to note that payment of a fine or time in jail does not mean the defaulting payor no longer has to pay the support arrears – all outstanding support payments continue to be owing to the support recipient.
How are arrears of support cancelled or payments reduced?
A paying person who wants to have arrears of support cancelled or payments reduced must ask a judge to cancel arrears and/or reduce payments (a variation application). This kind of court application is not heard in maintenance enforcement court. The paying person must give the support recipient notice of a variation application.
For more information, visit the Changing Child Support or the Changing Spousal Support sections of this website.
How can support for adult children be changed?
A paying person who believes that support should no longer be enforced for an adult child can ask the Maintenance Enforcement Program to conduct a child status review to determine whether continued enforcement is appropriate. If the parties agree that the support for an adult child should no longer be payable, they can complete an approved form to change the support amount for enforcement purposes.
What is the contact information for the Maintenance Enforcement Program?
Maintenance Enforcement Program
100 – 352 Donald Street
Winnipeg MB R3B 2H8
Phone: 204-945-7133
Fax: 204-945-5449
Toll free: 1-800-282-8069 (Ext. 7133)
Website: Maintenance Enforcement Program