Justice

Maintenance Enforcement Program

Information for Payors

 

When a relationship ends, the financial obligations often continue to ensure the well-being of children and other dependants. The Maintenance Enforcement Program is set up to help ensure your payments are made on a regular and timely basis. Here are some facts you should know about the program.

Pre-Authorized Debit (PAD) Agreement (pdf, 91.8kb)
Pre-Authorized Debit (PAD) Agreement Cancellation (pdf, 18.2kb)

PAYMENT OF SUPPORT

Your maintenance payments are set by the Court through a Maintenance Order or Separation Agreement. It is your responsibility to comply with that order/agreement. The Maintenance Enforcement Program will help you make regular payments. The Program is required to take legal action whenever you don't pay.

You must never make payments directly to the recipient. Otherwise our records will show you owe money, and the Program will be required to take action to collect that money.

You must keep your own records for income tax purposes. The program does not issue tax receipts.

COLA

If your Maintenance Order or Separation Agreement has a COLA clause, the Program will calculate the annual COLA amount if it is based on the Consumer Price Index (CPI) or other public information. All adjustments will be calculated back to the adjustment date of your order or agreement.

If the COLA calculation is based on other information, such as the percentage increase in your annual income, you are required to send the necessary information to the Maintenance Enforcement Program.

IF PAYMENTS ARE NOT MADE

The Maintenance Enforcement Program is required by law to collect monies owed to a recipient. Many people pay regularly and on time, which in turn benefits their children and dependants. Other people do not, which causes anxiety and distress for their children and dependants. The Program may take the following steps to collect money that is owed:

  • Summons to Court;
  • Garnishment of wages;
  • Suspension/withholding of driver/motor vehicle licences;
  • Seizure of personal property and/or receivership;
  • Registering the maintenance debt with the Credit Bureau;
  • Attachment of pension benefit credits; and
  • Fine and/or imprisonment.

Maintenance payments can be deducted from pensions, disability payments, employment insurance benefits and other periodic income received.

If you are in arrears, you can arrange to catch up on your payments by adding on to your monthly base rate. Please contact the Maintenance Enforcement office, and an officer will make this arrangement.

Financial Statement (pdf, 253kb)

WHAT THE PROGRAM CAN AND CANNOT DO

The program cannot change your support order or agreement in any way, even if your personal circumstances have changed -e.g., if you have lost your job. Any changes you wish to try to make are considered a private legal matter between you and the recipient. Your lawyer can help you with these matters.

At some point, you may feel your obligation to pay maintenance has ended. However, program will continue to collect payments until we have the written consent of the recipient or a court order stating payments are no longer required. It is up to you and your lawyer to take the necessary steps to end payments, not the program.

The Maintenance Enforcement Program cannot provide legal advice or act as a lawyer or counsellor for you or the recipient.

The Maintenance Enforcement Program cannot be involved in child access or visitation problems. This is a private legal matter between you and the recipient. You may wish to speak with your lawyer.

TO MAKE PAYMENT MORE CONVENIENT, payment may be made by internet/telephone banking and pre-authorized debit. Other payment options include, money order, bank draft, payroll deductions or by debit card or cash at the Winnipeg office located at 100-352 Donald Street, Winnipeg, MB during regular office hours of 8:30 a.m. to 4:30 p.m. Monday to Friday (excluding holidays).

CONTACTING THE MAINTENANCE ENFORCEMENT PROGRAM

Our offices are located at 100-352 Donald Street, Winnipeg MB R3B 2H8. Our phone number is 204-945-7133, or 1-866-479-2717 toll-free in Manitoba. The phone lines are very busy. Whenever possible, we would recommend writing us a letter or sending a fax to 204-945-5449.