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.
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.
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 debit card in
Winnipeg OR by leaving cheques or money orders in the drop box located to the left of the
front door of the Woodsworth Building, 405 Broadway, Winnipeg. This is accessible after
hours and during weekends and holidays. DO NOT DEPOSIT CASH.
In addition, payments may be made through telephone banking at the Bank of Montreal,
Bank of Nova Scotia, CIBC, Royal Bank and the Toronto Dominion Bank.
CONTACTING THE MAINTENANCE ENFORCEMENT PROGRAM
Our offices are located at 225 - 405 Broadway, Winnipeg. Our phone
number is 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 945-5449.
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