Maintenance Enforcement

To register, either the creditor or debtor must submit to MEP a completed registration package along with a Court Order or Agreement outlining that support is owing. Registration packages will be mailed out by MEP upon request, can be picked up at our office or you may click here to print one off. A copy of your court order can be obtained from the courthouse.

Will registration cost me anything?

There is no charge for services provided by the MEP.

How are payments made/received?

Payments can be made to MEP by way of personal cheques, a series of post-dated cheques, certified cheques, money orders, cash, debit card or VISA card. Click here to fill out a Visa Pre-Authorization Form.

You can also make payments electronically through your bank. Click here to learn more.

All personal cheques are held for 14 days to ensure the payment clears the bank before a payment is made to the creditor. Debtors may also speak to their payroll department about having funds automatically deducted from their pay cheque and forwarded to MEP.

Can direct payments be made directly to the creditor (payee)?

Once a file is registered with MEP, all support payments must be made to MEP, where they will be recorded, accounted for and sent to the creditor. DO NOT make or receive direct support payments as this could result in the debtor paying twice for the same period. As well, if a direct payment is made, unless the creditor acknowledges that the payment was received as maintenance, the amount may not be credited. MEP may cease enforcement and close the file if direct payments are made.

How long does it take for payments to reach the creditor?

When MEP receives the payment, it is processed within 24 to 48 hours. Depending on the method chosen, the recipient generally receives payment within two to seven working days. Direct Deposit service (money collected on the creditors behalf is electronically deposited into an account and bank of choice) is available. By choosing direct deposit, creditors have funds available in a shorter time period as you will not have to wait for a cheque to be sent through the mail. Please contact the MEP Office if you would like to take advantage of direct deposit.

What steps can MEP take to collect maintenance payments?

If the debtor does not contact MEP to make payment arrangements after being notified that a claim has been registered with the program, enforcement action will begin. Some of the most commonly used actions are:

Federal Garnishee - MEP can garnish monies owed to the debtor by
the federal government (employment insurance, income tax funds,
GST rebates, Canada Pension Plan).
Wage Attachment - a garnishee placed with the debtor's employer
requesting that a portion of the debtor's wages be remitted to MEP
in order to fulfill support obligations.
Non-Wage Garnishee - a garnishee can be placed on a debtor's bank
and seize monies contained in bank accounts. MEP also has the
authority to intercept finanical assets such as a WCB payment and
GNWT payment (contract payments and pension plan payouts).
Other - MEP can place a lien on property and seize assets.
The program can also cancel passports and summon a debtor to
appear in court at a default hearing.

Does MEP guarantee support payments will be paid?

No, MEP cannot guarantee the collection of funds nor their regularity. While every effort is made to collect funds on all maintenance orders, not all maintenance orders can be successfuly enforced due to such factors as:

Court order is unclear;
Inability to locate the debtor or debtor's resources;
Stay of enforcement has been ordered by the Court;
Debtor has no assets that can be collected by MEP;
Debtor has no attachable income that can be collected by MEP;
Debtor resides in another jurisdiction where no reciprocal agreement exists.

When MEP is unable to locate specific debtors, the creditor is often the best source as to his/her location and/or employment. When payments are owed, MEP urges creditors to keep staff apprised of any information that will assist in collecting support.

Does the debtor have to pay all the arrears at once or can payment arrangement be made with MEP?

Yes, debtors can make voluntary arrangements with MEP to pay off a portion of outstanding arrears each month, in addition to paying the monthly support obligation. Please contact your Maintenance Enforcement Officer about this option, or fill in the following forms:

Voluntary Arrears Payment Schedule (PDF)
Personal Financial Statement (PDF)

Can MEP collect/enforce when creditors or debtors live in another province or country?

The GNWT has reciprocal enforcement agreements with all Canadian provinces and territories, all States in the United States of America and other foreign jurisdictions. Under these agreements, maintenance enforcement agencies in other jurisdictions can collect funds on behalf of the NWT Maintenance Enforcement Program for creditors who live in the NWT. The legislation also authorizes NWT MEP to collect funds from debtors who live in the NWT on behalf of other jurisdictions.

When does the requirement to pay child support end?

Many incorrectly believe that a requirement to pay child support automatically ends when the child reaches age 18 or 19. In some cases, support continues while the child attends college, while in cases of disabled children support may continue indefinitely. There are many factors in determining when an obligation to pay child support ends, including the province the Order was made, the province in which the child currently resides, whether the Order states an age in which child support ceases and the law (Act) under which the Order was granted in court. The Maintenance Enforcement Officer assigned to your case or your legal counsel will be able to provide you with further information on this issue.

Can MEP change (vary) a court order?

MEP can not change the terms of any court order or reduce or increase either the ongoing support or amount of arrears owed. Only the courts can change an order. We suggest the debtor/creditor seek legal advice or other assistance for this matter.

Variation of a Court Order:
It is the debtor’s responsibility to make payments according to the terms of the court order. If this is not possible (for example due to loss of job, illness, new family responsibility), the debtor may wish to seek a variation of the order. MEP does not have the authority to vary an order. Independent legal counsel and Legal Aid are available to provide assistance. A Do It Yourself Kit entitled How To Vary A Support Order is also available from the MEP office or online here.

Can MEP provide me with legal advice regarding my court order?

MEP can not give legal advice or represent a debtor or a creditor in any legal matter. Our function is to collect maintenance payments due pursuant to court orders or filed agreements. We suggest the debtor/creditor seek legal advice through contacting a lawyer, the Legal Aid Office or the NWT Law Line.

Does MEP arrange Access or Visitation to Children?

In the NWT, access and maintenance are treated as separate matters. MEP does not deal with access issues. Creditors should not refuse access to children (unless stated in the court order) when maintenance is not paid. Likewise, debtors should not withhold payments when access is not being granted. Individuals having difficulty with child access may wish to seek independent legal advice or contact Legal Aid.

Will the information provided to MEP be kept confidential?

With two exceptions, all information provided to MEP will be kept confidential.

1. MEP discloses information regarding receipt of maintenance payments to
    the Department of Education, Culture and Employment -
    Income Support Program upon request under Section 48(d) of the Access
    to Information and Protection of Privacy Act.

The section states as follows:

Section 48

A public body may disclose personal information
      (d) for the purpose of
              (i) collecting a fine or debt owed by an individual to the Government of the
               Northwest Territories or a public body, or
              (ii) making a payment owed to an individual by the GNWT or a
                   public body.

2. When a debtor or creditor relocates to another jurisdiction, MEP will provide
that jurisdiction with all information required to enforce the Court
Order or Agreement.

How long do I have to be part of the MEP?

The person who registered with the program can close the file and leave the Program at any time by completing the Withdrawal form and submitting it to the MEP. It is important to note that should you decide to close your file/withdraw from the program, it will not be eligible to be re-opened until after one year has passed.

What is Wage Attachment?

A Wage Attachment is a garnishee placed with the debtor’s employer requiring that a portion of the debtor’s salary be sent to MEP in order to fulfil support obligations. The Wage Attachment or written Notice of Attachment to Employers is a confidential and legal document. It is sent when the debtor has not made arrangements to pay support and where there is a known employer. All employers are required by law to deduct support payments from the debtor’s wages and remit the required funds to MEP.

What should employers tell the employee when the written Notice of Attachment is received?

The employer will receive two copies of the written Notice Of Attachment and other documents. The employer is required to deliver or mail one copy of these documents to the employee. If the employee has additional questions about the wage garnishee, he/she can contact MEP.

Will the people at work know when a debtor is required to pay support?

The law says that an employer is not allowed to give anyone information about the support payments owing. An employer can only use the information to make the support deductions outlined in the Notice and remit them to MEP. The law also states that the employer cannot take any disciplinary steps (including dismissal), as a result of the employee owing child support payments.

What if the employee has no earnings for the pay period?

Employers are still required to let MEP know this by written notice.

What if the business/agency is required to pay a specified amount each month and the employee barely earns that amount?

Garnisheed employees are allowed a basic exemption of $300.00 per month, plus a further amount of $80.00 for each dependent child in his/her care. If the amount you are required to pay is more than the exemption amount, contact MEP to confirm payment of the lesser amount.

How can I contact MEP?

Maintenance Enforcement
3rd Floor, Panda II Mall
P.O. Box 1770
Yellowknife NT X1A 2L9

Telephone: (867) 920-3378
Fax: (867) 873-0106
Toll Free: (800) 661-0798

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