Province of A lberta
MAINTENANCE ENFORCEMENT ACT
MAINTENANCE ENFORCEMENT
REGULATION
Alberta Regulation 2/1986
With amendments up to and including Alberta Regulation 15/2015
Office Consolidation
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(Consolidated up to 15/2015)
ALBERTA REGULATION 2/86
Maintenance Enforcement Act
MAINTENANCE ENFORCEMENT REGULATION
Table of Contents
1
2
2.1
2.2
4
5
6
7
9
10
11
12
13
15
16
17
18
20
21
22
23
24
25
26
Definitions
Information from creditor
Information, authorizations from creditor
Information release
Condition of refiling
Service of documents
Records
Forms
Alternate business premises
Address for service
Variation of maintenance order
Support deduction notice
Support deduction notice – restriction on remuneration
from employment
Statement
Termination of support deduction notice
Reduction in payment
Jointly owed money
Non-Alberta order
Notice of licence suspension
Agreements
Definitions
Deterrent charges
Service fees
Expiry
Schedule
Definitions
1 In this Regulation,
(a) “Act” means the Maintenance Enforcement Act;
Section 2
MAINTENANCE ENFORCEMENT REGULATION
AR 2/86
(a.1), (b) repealed AR 194/2004 s2;
(b.1) “remuneration for employment” includes
(i) salary, wages, allowances, commissions, bonuses,
incentives, holiday pay and vacation pay, and
(ii) income that, in the opinion of the Director,
(A) replaces remuneration from employment, and
(B) is appropriate in the circumstances to treat as
remuneration from employment,
but does not include termination or severance pay;
(c) “support deduction notice” means a support deduction
notice issued under section 17 of the Act.
(d) repealed AR 241/2008 s2.
AR 2/86 s1;29/2000;251/2001;194/2004;241/2008
Information from creditor
2(1) The creditor under a maintenance order shall provide the
Director with the information that, in the opinion of the Director, is
required for the Director to enforce payment under the order.
(2) If a creditor files a maintenance order under section 6 of the
Act or refiles a maintenance order under section 9(2) of the Act, the
creditor shall, when required by the Director, file with the Director
an affidavit respecting the arrears owed by the debtor that have
accrued on and after July 1, 1984.
(a), (b) repealed AR 348/94 s2.
(3) If a creditor receives a payment of any sum of money from the
debtor in respect of a maintenance order after the date of the
affidavit filed under subsection (2) or after the date the order is
filed under section 7(1) of the Act, the creditor shall report the
payment to the Director within 7 days.
(4) A report by a creditor under subsection (3) must be made by
using any of the automated telephone or internet reporting features
that may be provided by the Director for that purpose from time to
time.
AR 2/86 s2;348/94;251/2001;194/2004;241/2008
Information, authorizations from creditor
2.1(1) A creditor must provide the Director with the information
and authorization required to enable the Director to make direct
2
Section 2.2
AR 2/86
MAINTENANCE ENFORCEMENT REGULATION
deposits of maintenance payments into the creditor’s bank, credit
union, trust corporation or treasury branch account.
(2) A debtor who registers with the Director must provide the
Director with the information and authorization required to enable
the Director to make direct withdrawals of maintenance payments
from the debtor’s bank, credit union, trust corporation or treasury
branch account.
AR 71/95 s2;29/2000
Information release
2.2(1) The Director may provide information under section
15(3)(e) of the Act to
(a) the creditor and the creditor’s legal counsel,
(b) the debtor and the debtor’s legal counsel,
(c) a member of the Legislative Assembly who has been
requested by a debtor, creditor or other interested
individual to assist in resolving a problem and the
information is relevant to the problem,
(d) repealed AR 90/2000 s2,
(e) a reciprocating jurisdiction, as defined in the
Interjurisdictional Support Orders Act, and
(f) a Government employee for the purposes of
(i) determining a creditor’s or debtor’s suitability for a
Government program or benefit,
(ii) investigating fraud,
(iii) determining whether a repayment is required under
Part 6 of the Income and Employment Supports Act,
or
(iv) preparing or making an application or agreement
under the Parentage and Maintenance Act, Domestic
Relations Act, Family Law Act, Child, Youth and
Family Enhancement Act or Part 5 of the Income and
Employment Supports Act;
(g) the Ethics Commissioner for the purposes of carrying out
his or her duties and functions under the Conflicts of
Interest Act.
(2) The information that the Director may provide under section 15
of the Act to a creditor, creditor’s legal counsel and member of the
3
Section 2.2
MAINTENANCE ENFORCEMENT REGULATION
AR 2/86
Legislative Assembly with respect to the debtor or a creditor is the
following:
(a) the amount of the debt under a maintenance order and
when the debt arose;
(b) whether any payments on the debt under the maintenance
order have been made and whether the payments, if any,
were voluntary;
(c) whether the Director has attempted to enforce the
maintenance order and, if so, how;
(d) whether any of the maintenance or arrears are subrogated
to the Crown or whether the Crown is entitled to receive
any of the maintenance or arrears and, if so, the amount,
the periods of time when it was subrogated to the Crown
or the Crown was entitled to it, and any related
information
(3) Repealed AR 90/2000 s2.
(4) The information that the Director may provide under section 15
of the Act to a reciprocating state, as defined in the
Interjurisdictional Support Orders Act, and to a Government
employee for a purpose described in subsection (1)(f) is the
following:
(a) the information described in subsection (2);
(b) the residential address, work address, residential
telephone number, work telephone number, cell phone
number, e-mail address and birth date of the debtor or
creditor;
(c) the name of the employer and type of employment, job
title, hours of work and remuneration information of the
debtor or creditor;
(d) any other information that, in the opinion of the Director,
is appropriate to disclose.
(5) The information that the Director may provide under section 15
of the Act to the debtor or the debtor’s legal counsel is whether any
of the maintenance or arrears are subrogated to the Crown or
whether the Crown is entitled to receive any of the maintenance or
arrears and, if so, the amount, the periods of time when it was
subrogated to the Crown or the Crown was entitled to it, and any
related information.
AR 29/2000 s4;90/2000;251/2001;4/2003;194/2004;8/2005;212/2005
4
Section 4
MAINTENANCE ENFORCEMENT REGULATION
AR 2/86
3 Repealed AR 194/2004 s5.
Condition of refiling
4 The Director may require, as a condition of the refiling with him
of a maintenance order, that the order remain filed for a period of
not more than 3 years from the date of the refiling unless the
Director consents to its earlier withdrawal.
AR 2/86 s4
Service of documents
5(1) Notice required to be served under the Act or this Regulation
that is not otherwise provided for shall be served in accordance
with the provisions of the Alberta Rules of Court (AR 124/2010)
respecting service of documents, other than commencement
documents, in Alberta.
(2) In addition to the methods of service referred to in subsection
(1), the following documents may be sent by recorded mail as
defined in the Alberta Rules of Court (AR 124/2010) or by ordinary
mail:
(a) notice under section 10.1(2)(b) of the Act;
(b) a request for information by the Director under section
13(2) of the Act;
(c) notice of the Director’s request for a statement of
finances.
(3) Notwithstanding subsection (1), notice under section 24(1)(b)
and section 25(1) of the Act shall be served in accordance with the
provisions of the Alberta Rules of Court (AR 124/2010) respecting
service of commencement documents in Alberta.
(4) If a debtor or a creditor has updated the debtor’s or creditor’s
address with the Director, that address is an address for service for
the purposes of the Alberta Rules of Court (AR 124/2010).
(5) Notice is deemed to be sufficient if the person served
acknowledges receipt of the notice, even if the notice was not
served in accordance with this section.
(6) Despite a court order described in section 44 of the Act, the
Director shall not serve a document under that section on a debtor
or creditor named in the court order as the party to be
substitutionally served by service on the Director unless
5
Section 6
MAINTENANCE ENFORCEMENT REGULATION
AR 2/86
(a) the Director has been provided with 2 filed copies of an
order described in section 44 of the Act and 2 copies of
each document to be served on the party,
(b) the person who wishes the Director to serve the document
on the party submits to the Director a completed request
for service in Form 5,
(c) the Director has an address for service for the party to be
served, and
(d) the fee for service has been paid.
(7) Despite subsection (6), the Director shall not serve a document
under section 44 of the Act if the Director does not have an address
for the intended recipient of the document.
(8) Service by the Director under subsection (6) must be service at
the last known address of the intended recipient of the document.
AR 2/86 s5;348/94;29/2000;251/2001;32/2004;194/2004;8/2005;
241/2008;164/2010
Records
6 The Director shall keep records of all money received by him
and of all payments made by him to creditors.
AR 2/86 s6
Forms
7(1) A statement of finances required to be filed by a debtor under
the Act must be in Form 1.
(1.1), (2) Repealed AR 194/2004 s7.
(3) A statement of arrears filed by a creditor under section 21 or 25
of the Act shall be in Form 2.
(4) A statement of arrears filed by the Director under section 21 or
24 of the Act shall be in Form 3.
(5) Notice under section 23 of the Act shall be in Form 4.
(6) A request for service on a party under section 44 of the Act
must be in Form 5.
(7) A maintenance agreement filed with the Director under section
10.1 of the Act shall be in Form 6.
AR 2/86 s7;151/89;29/2000;251/2001;32/2004;194/2004
8 Repealed AR 194/2004 s8.
6
Section 9
MAINTENANCE ENFORCEMENT REGULATION
AR 2/86
Alternate business premises
9 If the person served with a support deduction notice has more
than 1 place of business and it appears that the money bound by the
notice is or may be payable through some place of business other
than that at which the notice is served, the person in charge of the
place of business at which the notice is served shall forthwith
notify the person in charge of the place of business at which the
money is or may be payable and that money is bound and the
notice is conclusively deemed to be served as of the time it is
actually received at the place of business through which the money
is payable or within 48 hours after the actual service of the
continuing attachment, whichever is the shorter period.
AR 2/86 s9;194/2004
Address for service
10(1) A person required to pay under a support deduction notice
shall provide the Director with an address for service and fax
number, if any, and shall inform the Director forthwith of any
change in the address and fax number.
(1.1) A person who is replying to a support deduction notice must
include the name of the debtor and the maintenance enforcement
program file number.
(2) A person required to pay under a support deduction notice shall
notify the Director of
(a) the termination of the employment or other relationship of
the debtor with that person forthwith after its termination,
and
(b) the re-establishment of the employment or other
relationship of the debtor with that person forthwith after
its re-establishment.
AR 2/86 s10;29/2000;194/2004
Variation of maintenance order
11 If a support deduction notice has been issued in respect of a
maintenance order and a court
(a) varies the amount of maintenance payable under the
maintenance order,
(b) makes a determination in respect of any arrears owing
under the maintenance order,
(c) suspends the support deduction notice, or
(d) increases or decreases the restriction under section 13,
7
Section 12
AR 2/86
MAINTENANCE ENFORCEMENT REGULATION
the Director shall notify the person required to pay under the
support deduction notice by mail or telecopier of the change, if any,
required to be made in the payments under the support deduction
notice forthwith on being served with a copy of the order by the
debtor or the creditor.
AR 2/86 s11;29/2000;194/2004;241/2008
Support deduction notice
12(1) The person required to pay under a support deduction notice
shall file an answer with the Director not more than 15 days after
the person is served with the notice if he
(a) is not required to make a payment under the notice within
15 days after the date on which he is served, or
(b) disputes or denies his indebtedness to the debtor.
(2) No support deduction notice shall be set aside for irregularity
unless there has been substantial non-compliance with this
Regulation.
(3) Repealed AR 194/2004 s10.
AR 2/86 s12;194/2004
Support deduction notice – restriction on remuneration
from employment
13(1) Subject to an order obtained under section 17(4) of the Act,
a support deduction notice with respect to remuneration from
employment may not require payment to the Director of more than
40% of the gross amount of remuneration per month without the
debtor’s consent.
(2) If the Director makes an application under section 17(4) of the
Act, notice of the application must also be served on the creditor.
AR 2/86 s13;194/2004;241/2008
14 Repealed AR 194/2004 s11.
Statement
15(1) The person required to pay under a support deduction notice
shall provide the Director at his request with a statement setting out
(a) the period with respect to which any remuneration from
employment or other remuneration is owing or payable by
that person to the debtor,
(b) how the amount payable under the support deduction
notice was calculated, and
8
Section 16
MAINTENANCE ENFORCEMENT REGULATION
AR 2/86
(c) any payments made by that person to the debtor.
(2) A person required to file an answer under section 12 shall
provide the Director at his request with a statement setting out
(a) the particulars of his indebtedness to the debtor, or
(b) the grounds on which he disputes or denies his
indebtedness to the debtor.
AR 2/86 s15;194/2004;241/2008
Termination of support deduction notice
16(1) A support deduction notice shall not remain in effect for
more than 12 years from the date on which it is issued.
(2) The Director may terminate the effect of a support deduction
notice by serving notice of the termination on the person required
to pay under the support deduction notice.
(3) Notwithstanding this section and section 17, the Director may
issue a further support deduction notice under section 17 of the Act
with respect to the same debtor and person required to pay under
the notice as if no other notice had been issued.
(4) If a maintenance order is withdrawn from the office of the
Director, the Director shall terminate the effect of any support
deduction notice in respect of that maintenance order.
(5) Repealed AR 194/2004 s12.
(6) The Director shall terminate the effect of a support deduction
notice if all arrears, interest, costs and payments under the
maintenance order have been paid and no further payments are
payable under the maintenance order.
AR 2/86 s16;348/94;29/2000;251/2001;194/2004
Reduction in payment
17(1) Repealed AR 348/94 s5.
(2) If the Director has received sufficient money to discharge all
arrears payable by the debtor under the maintenance order and only
ongoing periodic payments remain outstanding, the Director shall
adjust the amount of the payment under the support deduction
notice for a period to the amount of the payment required to be paid
under the maintenance order for that period by serving notice of the
adjustment on the person required to pay under the support
deduction notice.
AR 2/86 s17;348/94;194/2004
9
Section 18
MAINTENANCE ENFORCEMENT REGULATION
AR 2/86
Jointly owed money
18(1) If a person is required, under a support deduction notice, to
pay money that is owed jointly, the person shall notify those to
whom the money is owed as soon as possible.
(2) A notice of attachment referred to in subsection (1) attaches to
the debtor’s portion of money owed jointly when the notice is
received, and to the debtor’s portion of any money owed jointly
that is received by the person after the notice has been received.
(3) The debtor’s portion of jointly owed money is the portion
deemed to be owed by the debtor pursuant to section 17(3) of the
Act or the portion determined by the Court under section 17(4) of
the Act.
(4) An application under section 17(4) of the Act must be filed and
served within 14 days of the date the support deduction notice was
served on the person required to pay under the support deduction
notice.
AR 348/94 s6;251/2001;194/2004;164/2010
19 Repealed AR 194/2004 s14.
Non-Alberta order
20 The documents that the Director may serve under section
18(1) of the Act are those that meet the requirements of section
18(1)(a) and (b) of the Act and are issued by an official of a
reciprocating state, as defined in the Interjurisdictional Support
Orders Act that is a province or territory of Canada, whose power,
duties and function are similar to those of a Director under this Act.
AR 29/2000 s12;251/2001;194/2004
Notice of licence suspension
21(1) Subject to subsection (2), the Director must serve notice on
a debtor at least 21 days before giving notice to the Registrar under
section 22(3) of the Act to suspend any operator’s licence issued to
the debtor.
(2) The Director may serve notice on a debtor
(a) who is in default under an order made under section 30 of
the Act, or
(b) who is in default for 60 days or longer in paying
maintenance under a maintenance order other than an
order under section 30 of the Act.
10
Section 22
MAINTENANCE ENFORCEMENT REGULATION
AR 2/86
(3) A notice under subsection (2) may be served by the Director on
a debtor
(a) by ordinary mail at the debtor’s last known address, or
(b) by telecopier at the debtor’s last known fax number.
(4) A notice by the Director to the Registrar under section 22 of
the Act may be given by any means agreed to by the Director and
the Registrar.
AR 29/2000 s12;251/2001;324/2009
Agreements
22(1) The day specified for the purposes of section 10.1(8) of the
Act is March 1, 2004.
(2) If an agreement contains terms and conditions in addition to
those provided for in Form 6, that form may not be filed pursuant
to section 10.1 of the Act.
AR 32/2004 s4;241/2008
Definitions
23(1) For the purposes of section 12 of the Act, “funds” are
defined as
(a) a payment, except for a payment on behalf of a minor, by
the Administrator of the Motor Vehicle Accident Claims
Act pursuant to a judgment under that Act,
(b) a prize of $1001 or more that is payable to an individual
claimant pursuant to a single winning ticket in a lottery
scheme that is conducted and managed by the Western
Canada Lottery Corporation or any successor of the
Western Canada Lottery Corporation, if the prize is
claimed directly from the Western Canada Lottery
Corporation or its successor, and
(c) funds locked into a retirement savings vehicle as defined
in section 17.1 of the Act if
(i) the funds are the subject of a financial hardship
application to the Superintendent of Pensions, and
(ii) the applicant has disclosed in the application that
(A) he or she is a maintenance debtor, or
(B) the reason for the financial hardship application
is that the funds are needed to pay maintenance.
11
Section 23
MAINTENANCE ENFORCEMENT REGULATION
AR 2/86
(2) The Western Canada Lottery Corporation, and any successor of
the Western Canada Lottery Corporation, is designated as an entity
under section 12(3) of the Act.
(3) The Western Canada Lottery Corporation, and any successor of
the Western Canada Lottery Corporation, is required to provide the
Director with information and to hold funds in accordance with the
Act, this Regulation and any agreement that may be entered into by
the Western Canada Lottery Corporation or its successor and the
Director when it receives a claim for funds from an individual
claimant as described in subsection (1)(b).
(4) The information required to be provided to the Director under
section 12(3)(a) and (b)(i) and (ii) of the Act includes
(a) the name of the individual to whom or on whose behalf a
payout of funds is to be made, including any variations of
the name that have been provided by the individual to the
Crown, Provincial agency or statutory agent responsible
for authorizing the payout,
(b) the name of an agent or legal counsel acting for the
individual, if any,
(c) if an individual has filed a financial hardship application
that meets the criteria set out in subsection (1)(c),
(i) the name, date of birth, mailing address, phone
number, telecopier number, e-mail address and
principal residence address of the individual, if
available, and
(ii) the account number of the retirement savings vehicle
and the name, address and telecopier number of the
financial institution that administers it,
and
(d) all available information related to the identity of the
individual that is shown on a record in the possession or
control of the Crown, the Provincial agency or statutory
agent.
(5) The information required to be provided to the Director under
section 12(3)(b)(iii) of the Act includes
(a) the information referred to in subsection (3)(a) and (b)
that has been provided by or on behalf of the individual to
the entity responsible for authorizing the payout, and
12
Section 24
AR 2/86
MAINTENANCE ENFORCEMENT REGULATION
(b) all available information related to the identity of the
individual that is shown on a record in the possession or
control of the entity responsible for authorizing the
payout.
AR 194/2004 s16
Deterrent charges
24 The deterrent charges payable under the Act and this
Regulation are as follows:
(a) for failing to pay maintenance in accordance with section
25.1(1)(a) of the Act, $25 per month;
(b) for failing to file a statement of finances in accordance
with section 25.1(1)(b) of the Act, $200;
(c) for each dishonoured or stopped payment under section
25.1(1)(c) of the Act, $50;
(d) for each payment accepted by a creditor and not reported
in accordance with section 2(3) of this Regulation, $50.
AR 194/2004 s17;241/2008
Service fees
25(1) A debtor or creditor who
(a) withdraws a maintenance order that has been filed with
the Director and who subsequently refiles the order, or
(b) requests that the Director reopen a file that has been
closed by the Director because the debtor or creditor has
failed to provide information required under the Act or
this Regulation,
shall be charged a service fee of $200 each time the order is refiled
or the file is reopened.
(2) A person who serves a party with documents by substitutional
service on the Director will be charged a service fee of $50 for each
request for service.
(3) If interest has been collected by the Director on arrears
outstanding under a maintenance order, the Director shall retain
20% of the interest collected as a service fee.
AR 194/2004 s17
Expiry
26 For the purpose of ensuring that this Regulation is reviewed
for ongoing relevancy and necessity, with the option that it may be
13
Schedule
AR 2/86
MAINTENANCE ENFORCEMENT REGULATION
repassed in its present or an amended form following a review, this
Regulation expires on November 1, 2019.
AR 15/2015 s2
Schedule
Form 1
Statement of Finances
COURT FILE NUMBER
Clerk’s Stamp:
MEP FILE NUMBER
COURT OF QUEEN’S BENCH OF ALBERTA
JUDICIAL CENTRE
RECIPIENT (Maintenance Creditor):
PAYOR (Maintenance Debtor):
AFFIDAVIT — STATEMENT
OF FINANCES
DOCUMENT
ADDRESS FOR SERVICE AND
CONTACT INFORMATION OF
PARTY FILING THIS DOCUMENT
NOTICE TO THE MAINTENANCE DEBTOR:
You are required under the Maintenance Enforcement Act to
return a Statement of Finances when requested by the
Maintenance Enforcement Program. The form must be fully
completed and returned within 15 days of the date the Statement
is mailed to you. For items that do not apply, please mark as
“n/a” or “not applicable”.
If you do not return a Statement of Finances when requested,
you will be required to pay a $200 penalty or you will be subject
to prosecution. Debtors who are prosecuted are subject to a fine
of up to $2,000 or three months imprisonment, or both.
I, __________ of __________, Alberta, MAKE OATH AND SAY:
1.
I am the maintenance debtor in this matter;
2.
Paragraphs A through M below completely and accurately
disclose my entire financial situation today:
A.
Debtor Information
(last name)
(first name)
14
(middle name)
(birthdate)
Schedule
AR 2/86
MAINTENANCE ENFORCEMENT REGULATION
(present address (mailing address))
(area code)
(city) (province) (postal code) (email address)
(home phone no.)
(area (daytime
code) phone no.)
(street address or land description (if different from mailing address))
(social
insurance no.)
(driver’s
licence no.)
(personal
health no.)
(maiden name (full name of your spouse
of your mother) or common-law partner)
(area
code)
(cell
phone no.)
(area code) (fax no.)
(list your trade, profession or occupation)
□ Yes □ No
Are you a member of a Union?
If yes, which local(s)?
B.
Income (If income is from self-employment, see Paragraph C)
(name of present employer)
(area code)
(present address (street address))
(city)
(province)
(area code)
(postal code)
(nature of business)
(business phone no.)
(position held)
(fax no.)
(email address)
(start date)
$(gross monthly wages or salary)
$(net monthly wages or salary)
(name of previous employer #1)
(area code) (business phone no.)
(present address (street address))
(city)
(province)
(postal code)
(nature of business)
$(gross monthly
wages or salary)
(area code) (fax no.)
(position held)
$(net monthly
wages or salary)
(name of previous employer #2)
(province)
(postal code)
(nature of business)
$(gross monthly
wages or salary)
(position held)
$(net monthly
wages or salary)
15
(start date)
(end date)
(area code) (business phone no.)
(present address (street address))
(city)
(email address)
(area code) (fax no.)
(email address)
(start date)
(end date)
Schedule
AR 2/86
MAINTENANCE ENFORCEMENT REGULATION
What is your annual bonus from your employer?
$
How much money per year do you receive from commission work?
$
How much of a raise will you be receiving this year, and when?
Date:
$
How much money do you receive from other part-time employment? $
Provide name, current address, telephone number of all part-time
employers:
How much money do you receive from income-producing hobbies?
$
List all other income (dividends, rental income, annuities, pensions, etc.)
$
Annual income tax and/or GST rebates, Universal Child Care Benefit,
Child Tax Credit
$
*List additional household income (spousal, adult interdependent
partner, roommate, etc.)
$
TOTAL MONTHLY INCOME
Have you filed income tax returns within the past 3 years?
$
□ Yes □ No
If yes, provide the following information or attach copies of your returns
or Notices of Assessment:
(taxation year)
C.
$(net taxable income)
Income from Self-Employment
List any businesses in which you are involved as an owner, part owner,
shareholder, director or officer. If the business is a proprietorship,
partnership or joint venture, list the names, addresses and telephone
numbers of any partners, principals or participants:
(name)
(address)
(type of business)
(area code)
(name of business)
(telephone no.)
(area code) (telephone no.)
(business location (street address))
(city)
(province)
Is this business a:
(postal code)
□ proprietorship
□ joint venture
What is the percentage of the business owned by you?
16
(email address)
□
□
partnership
corporation
%
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MAINTENANCE ENFORCEMENT REGULATION
What is the net book value of the business?
$
What is the estimated market value of the business?
$
Itemize your yearly income from this business below:
Salary
Bonuses
Dividends
Other income (automobile allowances, expenses, etc.)
$
$
$
$
(itemize and describe)
$
Other benefits you receive from this business (company car, house, loans,
savings plans, share purchase options, etc.):
(itemize and describe)
$(value)
Total Annual Income (of both sections above)
$
Include a copy of the business’s most recent Financial Statement.
Where are the business’s bank accounts located?
(name of institution)
(branch)
(address)
(account no.)
If the business is a corporation, complete the following:
□ public corporation
□ private corporation
□ professional corporation
□ other (describe)
Are you an Officer or Director of the corporation?
□ Yes □ No
If yes, what is your title?
If the business is NOT a public corporation, complete the following:
Total number of shares issued and outstanding:
(class)
(number)
$(net book value)
Total number of shares of each class held by you:
(class)
(number)
$(net book value)
Total amount of all loans payable to you by the corporation:
Amount
Interest earned (if any)
$
$
Terms of repayment:
17
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MAINTENANCE ENFORCEMENT REGULATION
D.
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
Monthly Expenses
Rent or mortgage payments
(name of landlord or mortgagee)
Property taxes
Utilities
Groceries (food, toiletries, etc.)
Clothing
Transportation (fuel, parking, repairs,
public transit, etc.)
Personal expenses (prescription drugs,
medical and dental expenses, expenses
not covered by insurance, etc.)
Home or rental insurance
Vehicle insurance
Life insurance
Disability insurance, etc.
Maintenance
Alcohol, tobacco, other dependencies
Other (specify)
Total
Expense
Amount
Paid by You
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
15. List your monthly payments (loans, credit cards, personal debts,
etc.):
(type of
debt)
(to whom
payable)
$(amount
outstanding)
$(monthly
payment)
$(amount paid
by you)
TOTAL MONTHLY EXPENSES
E.
$
Dependants
List the members of your household who are financially dependent on you:
(name of dependants)
(date of birth)
(relationship to you)
List all orders or agreements requiring you to pay child or spousal
maintenance:
(date of
order/agreement)
F.
(amount payable
per month)
(person
payable to)
$(arrears)
Assets
Bank Accounts: List all chequing and savings accounts, term deposits,
annuities, etc.:
(name of financial (branch
institution)
address)
18
(type of
deposit) (account no.)
$(amount)
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MAINTENANCE ENFORCEMENT REGULATION
In the last 2 years have you used the services of a payday loan company or
immediate cheque cashing service? (e.g. Payday Loans or MoneyMart)
□ Yes □ No
(name of company)
(address)
Retirement Savings Plans: Provide information about all RRSPs, LIRAs,
LIFs, LRIFs, pensions, etc.:
(name of financial
institution)
(branch
address)
(type
of plan)
(account
no.)
$(current
value)
Real Estate: Fill in the required information regarding all real estate
(homes, rental properties, cottages, condominiums, etc.) inside and outside
the Province of Alberta in which you own an interest:
(municipal
address)
(legal
$(purchase
description)
price)
$(balance
owing)
$(current market
value)
List the name and address of the mortgagee/lender for each property
described above:
Motor Vehicles, etc.: Fill in the requested information regarding all motor
vehicles (cars, trucks, farm machinery, construction equipment, recreation
vehicles, aircraft, etc.) in which you own an interest:
(type make (serial $(purchase
model year) no.)
price)
$(balance $(current market
owing)
value)
$(equity)
Securities: List your shares, bonds, etc. and their current market value:
(type)
(number)
(dividends (if any))
$(current market value)
List location of all certificates for all corporate holdings (both public and
private) and the name(s) and address(es) of the brokers through whom you
deal:
(location of certificates)
G.
(name and address of broker)
Insurance
List all insurance policies that you own or in which you are a named
beneficiary. Include the insurance company granting the policy, the
policy number, the amount, the person insured, the premium and its cash
surrender value:
(insurance (policy
company) no.) $(amount)
19
(person
insured)
$(premium)
$(cash surrender
value)
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MAINTENANCE ENFORCEMENT REGULATION
H.
Property Held By A Trustee
List all properties or interests held by a trustee on your behalf:
(description of
assets held)
I.
(location of assets)
(name and address
of trustee)
Parties Who Owe You Money
List all parties who owe you money:
(name)
(reason for debt)
(address)
$(amount owing)
Are you the plaintiff in any lawsuit that may result in the court awarding
money to you?
Yes
No
□
(name of person being sued)
(your lawyer’s name)
(area code) (phone no.)
□
$(amount claimed)
(address)
(status of court action)
Have you settled a lawsuit for a sum of money that has not been paid yet?
Yes
No
□
(your lawyer’s name)
(lawyer’s address)
(status of court action (if any))
□
(amount owing)
(payment date)
(lawyer’s (area code) (phone no.))
Have you registered any debts owed to you against property?
□ Yes □ No
(description of debt)
(registration number of debt)
(name and address of owner)
(description of property)
(serial no. of property)
Have you applied for any benefit, refund, compensation, grant, settlement
or other funds from any government department or program?
Yes
No
□
(government department
or program)
J.
$(amount applied for)
□
(reasons
for application)
Inheritances
List all estates in which you are the beneficiary of an inheritance:
(deceased’s name)
(name of executor/administrator)
(address of executor/administrator)
(name of lawyer acting for estate)
$(value of inheritance)
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K.
Other Assets
List the kind, value and location of other assets (whether solely or jointly
owned) below:
Type of Asset
Description
Interests in other
businesses
Promissory notes,
judgment debts
Loans and mortgages
receivable
Objects of art, jewellery,
bullion, coins, cameras
Household furnishings and
appliances (stereos, TVs,
computers, crystal,
dishwashers, etc.)
Other assets not previously
listed
Cash (including foreign
currencies)
L.
Sole Owner
Yes No
Location
Value
□ □
$
□ □
$
□ □
$
□ □
$
□ □
$
□ □
$
$CDN
Transfer of Property
Have you given away, sold, assigned or otherwise transferred any property
(land, buildings, vehicles, money, household furnishings, etc.) to anyone
within the last 12 months? Give details:
(description
of property)
M.
(to whom
transferred)
(date of
transfer)
$(amount of money
received by you)
Bankruptcy
Have you begun a bankruptcy proceeding for which you have not been
discharged?
Yes
No
□
(name and address of trustee/agent)
Sworn before me
on __________________, 20____,
at
, Alberta
_____________________________
A Commissioner for Oaths in and
for the Province of Alberta
or a Notary Public
21
□
(area code) (phone no.)
)
)
)
) Signature of Debtor
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MAINTENANCE ENFORCEMENT REGULATION
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Form 2
Statement of Arrears
(Creditor)
I, (creditor) of the
of
in the Province of Alberta, hereby
declare that as of the ___ day of ________, 20__, (debtor) is in
arrears under a maintenance order or agreement to pay maintenance in the
total amount of $ ____. Particulars of the arrears are attached.
I make this declaration conscientiously believing it to be true, and knowing
that it is of the same force and effect as if made under oath.
DECLARED before me at the
of
, in the Province of Alberta, the
day of
,
.
(Commissioner for Oaths
in and for the Province of Alberta)
)
)
)
)
)
)
(signature of creditor)
Form 3
Statement of Arrears
(Maintenance Enforcement Program)
THIS IS TO STATE THAT:
(the debtor) is in arrears under a maintenance order or agreement to
pay maintenance filed with the Director of Maintenance Enforcement in
the total amount of $
.
DATED this
day of
, 20
.
MAINTENANCE ENFORCEMENT PROGRAM
Form 4
Notice of Filing with the Director
of Maintenance Enforcement
To the Registrar of the _______ Alberta Land Registration District
TAKE NOTICE THAT a Maintenance Order or Agreement to pay
maintenance
(a) dated _______ and submitted for registration with this Notice, or
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(b) registered at the Land Titles Office on the ___ day of ________,
20__ as instrument number _____ against the lands
of (debtor) including the lands legally described as follows:
______________________________________________________
______________________________________________________
has been filed with the Director of Maintenance Enforcement.
PURSUANT to the Maintenance Enforcement Act, you shall discharge or
register the postponement of this Order or Agreement to pay maintenance
only if the discharge or postponement is signed by the Director of
Maintenance Enforcement.
DATED this ___ day of ________, 20__.
(Director of Maintenance Enforcement)
Form 5
Service Request Form
(Section 44 of the Maintenance Enforcement Act)
(MEP Account No. )
Documents to be served (Select all that apply and attach 2 copies of each.)
☑
order allowing substitutional service on the Director (must be
provided), plus:
□ Application or Claim (with Court date of
□ Affidavit or Statement (filed in Court on
□ Other
)
)
Fee paid by (The Maintenance Enforcement Regulation sets a fee of $50
for all requests for service.)
□ Certified or Lawyer’s Trust Cheque □ Cash
□ Debit Card
□ Money Order/Bank Draft
Person to be served
Name
Address (if available)
(residence or employment)
Telephone number(s) including area code (if available)
Home
Work
Person requesting service
Name
Company/Law Firm
Address
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Telephone number(s) including area code
Date service requested
Signature
Office Use Only
Date documents forwarded
Address used
Form 6
Maintenance Enforcement Support Agreement
COURT FILE NUMBER
MEP FILE NUMBER
COURT OF QUEEN’S BENCH OF ALBERTA
JUDICIAL CENTRE
RECIPIENT (Maintenance Creditor):
Clerk’s Stamp:
PAYOR (Maintenance Debtor):
MAINTENANCE ENFORCEMENT
SUPPORT AGREEMENT
DOCUMENT
1.
□ This agreement requires the payment of support for a (former)
spouse or adult interdependent partner. We, the Payor and
Recipient, certify there has never been a court order previously
granted requiring the Payor to pay spousal or adult interdependent
partner support for the Recipient.
□ This agreement requires the payment of support for the child(ren)
named below. We, the Payor and Recipient, certify there has never
been
(a) a court order, or
(b) an agreement under Part 5 of the Income and Employment
Supports Act, the Parentage and Maintenance Act or the
Income Support Recovery Act
requiring the Payor to pay support to the Recipient for any of the
children named below.
(full name of child)
2.
(birthdate (yyyy/mm/dd))
Previous Maintenance Enforcement Support Agreements
a.
□
b.
□
We have not previously made any Maintenance
Enforcement Support Agreements between us relating to
child, spousal or adult interdependent partner support,
This agreement replaces the Maintenance Enforcement
Support Agreement previously made between us
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on
(yyyy/mm/dd) , which was filed with the Court of
Queen’s Bench, Judicial Centre of
,
on (yyyy/mm/dd) as Court Action No. , or
c.
□
This agreement supplements the Maintenance Enforcement
Support Agreement previously made between us
on (yyyy/mm/dd) , which was filed with the Court of
Queen’s Bench, Judicial Centre of
,
on (yyyy/mm/dd) as Court Action No. . Where
there is a conflict between the two agreements, the terms of
this agreement will be used.
IT IS AGREED THAT:
3.
Guideline Income
a. The Payor’s annual income as calculated in accordance with the
Child Support Guidelines is $
.
b. The Recipient’s annual income as calculated in accordance with
the Child Support Guidelines is $
.
4.
Base Child Support
a. The Payor shall pay to the Recipient the sum of $
month for the support of the child(ren) named above.
b.
□
□
5.
per
Payment will be made on the
day of each month
commencing (yyyy/mm/dd) , or
Payment will be made in two equal instalments of $
,
payable on the
and
days of each month,
commencing (yyyy/mm/dd) .
Adjustment of Child Support by the Director of
Maintenance Enforcement
When the Director of Maintenance Enforcement is provided with
evidence that satisfies the Director that one or more children named
above are no longer financially dependent on the Recipient, or
otherwise do not qualify for the collection of support under the
policies of the Maintenance Enforcement Program, the Director will
adjust the amount of support payable as follows:
a.
If one child is no longer eligible for support collection, then
the base child support payment shall be reduced to
$
per month.
b.
If
children are no longer eligible for support
collection, then the base child support payment shall be
reduced to $
per month.
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6.
Additional Expenses Relating to the Child(ren)
a.
□
Monthly Payments:
In addition to the base child support payment, the Payor shall pay to
the Recipient the sum of $
per month for additional expenses
for the child(ren) on the
day of each month
commencing (yyyy/mm/dd) , calculated as follows:
(name of
child)
(type of
additional
expenses)
$(amount of
payor’s
contribution)
Should the Recipient cease to incur any additional expense listed
above, then the Payor shall no longer be required to contribute to that
expense.
b.
□
One-time or Yearly Payments:
In addition to any other payments required by this agreement, the
Payor shall pay to the Recipient the following additional expenses for
the children:
□
(type of $(amount of
payable
(name of additional payor’s
one time
child) expense) contribution) (yyyy/mm/dd)
□ payable
yearly
(mm/dd)
Should the Recipient cease to incur any additional expense listed
above, then the Payor shall no longer be required to contribute to that
expense.
7.
Termination of Child Support and Expenses
The obligation of the Payor to pay child support and expenses for a
child terminates
8.
a.
□
b.
□
c.
□
on the child no longer being considered a “child of the
marriage” within the meaning of the Divorce Act (Canada),
on the child no longer being considered a “child” within the
meaning of Part 3 of the Family Law Act, or
.
Monthly Spousal or Adult Interdependent Partner
Support
a.
b.
The Payor shall pay to the Recipient the sum of
$
per month for the support of the Recipient.
□
Payment will be made on the
day of each month
commencing (yyyy/mm/dd) , or
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MAINTENANCE ENFORCEMENT REGULATION
□
9.
Payment will be made in two equal instalments of $
,
payable on the
and
days of each month,
commencing (yyyy/mm/dd) .
Termination of Spousal or Adult Interdependent Partner
Support
The obligation of the Payor to pay support for the Recipient
terminates
□
□
a.
b.
10.
on
(yyyy/mm/dd)
, or
.
One-time Spousal or Adult Interdependent Partner
Support
The Payor shall pay to the Recipient, for the support of the Recipient,
a one-time payment of $
, payable on (yyyy/mm/dd) .
11.
Enforcement by the Director of Maintenance Enforcement
It is intended that this agreement be registered with the Director of
Maintenance Enforcement and that payments made under this
agreement be made pursuant to the Maintenance Enforcement Act to
the Director of Maintenance Enforcement.
12.
Date of Agreement
This agreement is entered into on (yyyy/mm/dd)
town) , Alberta.
(address of Recipient)
(signature of Recipient)
(signature of witness)
(address of Payor)
(signature of Payor)
(signature of witness)
at (city or
(yyyy/mm/dd)
(yyyy/mm/dd)
(print name of Recipient)
(print name of witness)
(yyyy/mm/dd)
(yyyy/mm/dd)
(print name of Payor)
(print name of witness)
Affidavit of Execution (Recipient)
My name is:
My address is:
(name of witness)
(address of witness)
I make oath and say that I was personally present and did see (name
of Recipient) , who is
□
□
personally known to me, or
known to me on the basis of photographic identification
provided
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to be the person named herein, sign and execute the Maintenance
Enforcement Support Agreement for the purpose named therein.
Sworn before me
on __________________, 20____,
at
, Alberta
___________________________
A Commissioner for Oaths in and
for the Province of Alberta
or a Notary Public
)
)
)
) Signature of Witness
Print or Stamp Name and Appointment Expiry Date
Affidavit of Execution (Payor)
My name is:
My address is:
(name of witness)
(address of witness)
I make oath and say that I was personally present and did see (name
of Payor) , who is
□
□
personally known to me, or
known to me on the basis of photographic identification
provided
to be the person named herein, sign and execute the Maintenance
Enforcement Support Agreement for the purpose named therein.
Sworn before me
on __________________, 20____,
at
, Alberta
_____________________________
A Commissioner for Oaths in and
for the Province of Alberta
or a Notary Public
)
)
)
) Signature of Witness
Print or Stamp Name and Appointment Expiry Date
AR 194/2004 s18;241/2008;227/2011
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*9780779784622*
Printed on Recycled Paper