Justice

 

Information for Employers and Financial Institutions (Income Sources)

Support deduction notice (SDN) obligations of Income Sources and Employers

MEP is authorized under The Family Support Enforcement Act to serve an SDN to an income source or employer of someone who is required to pay court ordered support.

Service of SDN

MEP may serve an income source or employer an SDN by:

  • Fax (considered served on the same day as faxed unless faxed on a weekend or holiday)
  • Registered Mail (considered to be served on the day received as recorded by Canada Post)
  • Email (considered to be served the same day the email was sent unless emailed on a weekend or holiday)
  • In person - considered to be served the date received by the income source .

Once received, you are legally required to follow the instructions in the SDN.

Response to SDN

A Response to Support Deduction Notice is included with the SDN and must be completed and returned to MEP within 7 days of being served. The document can be submitted to MEP by:

Privacy and SDNs

MEP has the legal authority to serve SDNs and provide information for the purposes of enforcing a support order including information required to identify a support payor (ex. DOB, SIN as required). MEP tries to protect a support payor’s personal information by:

  • Attaching a cover page to a SDN that directs the SDN to payroll and accounts receivable.
  • Sending the SDN to the preferred fax number or authorized email address of the income source or employer (for example: HR office

Communication with parties other than MEP

Only MEP can provide instructions related to the SDN. Parties except the support payor or MEP are not entitled to any information, please refer them to MEP to discuss a SDN.

Please see the Support Deduction Notices – Information and FAQs for Income Sources/Employers for more information.

SDNs for wages or wage replacement (Employers, Workers Compensation, pension payments etc.)

You will receive the following documents when served with an SDN:

  • Two copies of the SDN. A copy is to be provided to the support payor.
  • A Response to Support Deduction Notice form
  • Some SDNs include a Financial Statement to be given to the support payor. They may complete and return the financial statement to set up a payment arrangement to pay the arrears over time. You will be served with an updated SDN if a payment arrangement is made.

An SDN issued under The Family Support Enforcement Act takes priority over any provincially regulated garnishment or any amounts the support payor may owe you. This means that after the mandatory deductions (income tax, CPP etc.), MEP must be paid before any other deductions are made for amounts owing to you or under The Garnishment Act.

If the support payor has more than one file, you will receive an SDN for each file with instructions on the amount to remit to MEP.

Duration of an SDN

An SDN remains in effect until:

  • It is replaced, adjusted, suspended or terminated by MEP.
  • The required amount has been paid in full and there are no ongoing support (maintenance) payments.
  • The support payor quits or employment is terminated:
    • Funds from final pay, vacation pay, bonus etc. remain payable under the SDN despite the change in circumstance.
    • You must notify MEP in writing if the support payor quits or is terminated.

If the support payor is laid off or on unpaid leave, the SDN remains in effect and resumes once the support payor returns to work. You are required to notify MEP of any lay off periods and the date a support payor returns to work to request an updated SDN.

Payment requirements:

Payments are to be sent to MEP within 7 days of being deducted from the support payor’s wages:

  • Deduct the amounts as instructed in paragraph 2 of the SDN starting with the first pay period after the date the SDN is served and continue deducting each pay period. More information is available on the Information for Support Payors webpage.
  • The support payor is entitled to a $250.00 net per month exemption meaning the support payor cannot be left with less than $250.00 per month net after deductions are sent to MEP. The $250.00 per month is an over all exemption and does not change when there is more than one SDN.
  • Payment Options
    • Internet or telephone banking: Direct Deposit Business Information;
    • Company Cheques (payable to Province of Manitoba - Minister of Finance) with the support payor’s file number;
    • Money orders or bank drafts (payable to Province of Manitoba - Minister of Finance) with the support payor’s name and file number.

In order to set up a payment arrangement for support payors who need time to pay their arrears, MEP requires their financial information. An SDN may be issued initially requesting you to send all but $250.00 per month of the support payor’s net income. Support payors are encouraged to submit a completed financial statement with proof of income (for example: copy of their most recent paystub) for MEP’s review. You will receive an adjustment to the SDN if a payment arrangement is set up and the current SDN remains in effect until the adjusted SDN is received. A financial statement is available on the Forms webpage or by request from MEP.

Non-Wage SDNs

(bank accounts and/or financial assets)

You will receive the following documents when served with an SDN:

  • Two copies of the SDN. A copy is to be provided to the support payor. A copy of the SDN is also to be provided to each person who holds the money jointly with the support payor.
  • Response to the SDN.
  • Some SDNs will also include a Financial Statement. Please provide this to the support payor who may complete and return the financial statement to set up a payment arrangement to pay down the arrears. If a payment arrangement is established you will be served with an adjusted SDN.