There are two ways to cancel MEP enforcement.
- Obtain a new court order which specifies that it may not be enforced by MEP.
- The spouse or parent receiving support can withdraw their order or agreement from MEP by filling out the appropriate form and sending it to MEP.
How do you challenge a maintenance order?
If a parent is not happy with the order the court made, then he or she may appeal the Maintenance Order. Basically, what this means, is that a higher court would decide whether the maintenance court made the correct decision. In this case, the higher court would be the High Court.
How much can maintenance enforcement garnish in Alberta?
Unless the debtor agrees to pay a higher amount through a SDN, the maximum amount that MEP can garnish is 40% of their gross wage.
How does maintenance enforcement work in Alberta?
in Alberta, the maintenance enforcement program (MEP) helps individuals receive payments as per a court-ordered support agreement or maintenance agreement. The MEP is an initiative of the Alberta government and covers: Payment of child support. Payment of spousal support.
Do I need a lawyer for maintenance court?
Claiming maintenance on behalf of a minor child is often a long and gruelling process. The process may start with negotiations between the parents without outside assistance. However, often, the parties will need to use a mediator and/or attorneys, and may ultimately land up in court.
What grounds can you appeal for child maintenance?
You can ask the CMS to look again at their decision on how much you have to pay if: you think their decision is wrong. your circumstances have changed – like if you have a child with your new partner.
Check how to report changes
- your name.
- your address.
- the name and date of birth of the child you’re paying maintenance for.
How do you win a child maintenance case?
Your maintenance case is largely dependent on you proving that your child needs the requested amount. If you do not have proof, or cannot prove it, even if you show that the father can afford it, the court won’t order him to pay it. The court would only order him to pay what is fair and proved.
What happens if a father Cannot pay maintenance?
If maintenance isn’t paid, the court can take the money from the maintenance payer’s salary, their investment account, auction their property or issue a warrant of arrest. The maintenance amount can increase or decrease depending on the financial circumstances.
How long does a writ of enforcement last in Alberta?
2 years
(The Writ of Enforcement form is located on the Alberta Courts website). Writs expire after 2 years. The judgment creditor must file a Status Report with the Personal Property Registry prior to expiry to renew the Writ.
What happens if you can’t pay child maintenance?
Liability order from a court
CMS can take you to court over unpaid child maintenance. They can apply for a court order to take legal action. This is a ‘liability order’. If the court grants the order, CMS can then legal action against you.
What happens if you dont appear at maintenance court?
If he fails to attend or does attend it is necessary for the Respondent to be subpoenaed and if in the future he does not attend court, a Warrant of Arrest cannot be issued.
How long does a maintenance court order last?
A maintenance order is a ‘judgement debt’ in terms of the Prescription Act, meaning that a maintenance order will now only “prescribe” 30 years after the order is made, instead of 3 years, which is usually the case for “ordinary” debt.
Can CSA force you to pay?
In serious cases, the CSA can apply to the court to secure the arrears owed against any property (such as a house) owned by the other parent. This is called a charging order. Once the order has been made, the CSA has the power to sell property to pay the arrears, although the rules can be complicated.
Can a court overrule child maintenance?
There are some exceptional circumstances in which the court has the power to order maintenance: The Child Maintenance Service does not have jurisdiction. The terms of a child maintenance order are agreed between the parties. However, this can be overridden by a Child Maintenance Service assessment.
Can you dispute child maintenance?
You can appeal a child maintenance decision about payment amounts to The Appeals Service (TAS(NI)). Before you can appeal, you must contact CMS to ask for the decision to be looked at again. This is called mandatory reconsideration. You’ll need to say why you disagree with the decision.
What documents are required for maintenance court?
Proof of physical work and residential address. list of your expenditure e.g. water and lights bill, till slips for groceries, school expenses; medical and travel receipts, clothing accounts, etc., Provide the copy of the maintenance court order if there is a maintenance court order against you in another court.
Do I have to pay child maintenance if I don’t see my child?
If you’re the child’s parent, you have to pay maintenance even if you don’t see them. Paying maintenance doesn’t mean you have a right to see the child.
What are the chances of winning a mandatory reconsideration?
How many appeals are successful? Unfortunately, not many Mandatory Reconsiderations are successful. In fact, the Mandatory Reconsideration success rate is under 20 per cent.
What is acceptable child maintenance?
The number of children you have with your ex-partner will increase how much child maintenance you need to pay. Assuming you’re on the basic rate, you’ll need to pay: 12% of your gross weekly income for one child. 16% of your gross weekly income for two children. 19% of your gross weekly income for three or more
How long does a child maintenance appeal take?
Your appeal and the evidence will be discussed at a hearing by a judge and one or two experts. The judge will then make a decision. It usually takes around 6 months for your appeal to be heard by the tribunal.
How long does it take for child maintenance to investigate?
How long does it take. You will usually get a response from CMS about your application for Child Maintenance within six weeks. However, it can take up to 26 weeks if there is a problem with contacting the paying parent.