We understand that life can be unpredictable, and sometimes dramatic or urgent changes can occur that affect your ability to make maintenance payments. If you find yourself in this situation, we can help with making an application for a stay (or pause) of enforcement. This can provide you with the time you need to get back on your feet and ensure that your financial obligations are met without the added stress of enforcement actions.
Our team of experienced family law experts can guide you through the process of applying for a stay of enforcement and help you understand your options. We will work tirelessly to ensure that your rights are protected and that you are able to navigate the legal system with confidence.
The support obligations for a payor spouse can be severe. Sometimes, circumstances change and the original court order no longer fairly reflects the situation. It can become impossible for the payor to pay what is due. In this situation, you can apply for a stay of support enforcement. This is a temporary suspension of enforcement of the financial support order by the local support enforcement agency. You may be eligible for a stay of support enforcement in the following circumstances: You appeal the court order that has granted support – this will not automatically suspend the enforcement, but if the court agrees that the appeal is on valid grounds, a stay may be granted. Your financial position changes – a sudden or unexpected change in financial circumstances may require an application to cancel arrears and modify an order, resulting in a stay of enforcement until the matter is settled. You are incarcerated – again, this will not automatically suspend enforcement, but the court may be sympathetic to your situation, depending on the circumstances.
How do you apply for a stay of enforcement in Alberta?
Prior to the court issuing a suspension of enforcement, the payer must demonstrate to the court that they attempted to negotiate a payment plan with MEP. If no arrangement was reached, the payer is required to provide a legitimate reason for this to the court. In instances where the payer submits a Statement of Finances to MEP and a payment plan cannot be established, MEP will issue a written notice to the payer indicating that an arrangement could not be agreed upon, which the payer can then use as evidence in court.
For details on how to apply for a suspension of enforcement, individuals should consult the website for Alberta’s Court and Justice Services at https://www.alberta.ca/court-and-justice-services.aspx.
Measures of enforcement amidst a suspension of enforcement activities
A stay of enforcement does not halt all enforcement measures. Even with a stay in place, MEP may continue certain actions if there are outstanding arrears, such as:
- Issuing a Wage Support Deduction Notice to the payer’s employer to collect ongoing maintenance or the amounts stipulated by the court-ordered payment plan.
- Sending a Non-Wage Support Deduction Notice to seize lump-sum payments due to the payer, like inheritances, settlements, lottery prizes, or other similar non-wage lump-sum amounts.
- Implementing a Federal Support Deduction Notice.
- Filing a Writ at the Personal Property Registry.
- Placing a lien on property (Land Titles registration).
MEP may also maintain and not cancel the following enforcement measures until the arrears are cleared or the payer has made three months of payments as mandated by the stay of enforcement order:
- Motor Vehicle Restriction and Driver’s Licence Suspension.
- Federal Licence Denial.
While a stay is active, MEP typically refrains from employing certain enforcement actions, which include Credit Bureau Reporting, Reporting to Professional Organizations, Seizures under the Civil Enforcement Act, and Hunting and Fishing Licence Restrictions.
Penalties for default and interest accrual while enforcement is suspended
MEP does not levy default fines or interest on sums that are under a stay of enforcement. To avoid incurring these charges on amounts not covered by the stay, payers are advised to adhere to the payment terms set by their court order. Should this prove unfeasible, payers are encouraged to reach out to MEP to establish a payment plan. Once a payment arrangement is in place and the payer complies with the required payments, MEP will cease imposing default penalties and interest, and may revise or lift certain enforcement measures.
For additional information, please consult the Information Sheets titled ‘Varying or Changing Your Court Order’, ‘Payment Arrangements’, and ‘Referrals to Resources’, which can be found on the MEP website.
We currently have three offices across Alberta — Edmonton, Calgary, and Red Deer. We serve the entire province of Alberta (and BC). We also have the infrastructure to work with any of our clients virtually — even the furthest regions of Alberta.
Call 1 (855) 892-0646 (toll free) to get routed to the best office for you or contact us online for general inquiries.
We also have a dedicated intake form to help you get the ball rolling. Our intake team will review your specific case and advise you on the next steps to take as well as what to expect moving forward. That’s the best way to schedule an appointment
Our offices are generally open 8:30 a.m.—4:30 p.m., Mon—Fri.
Dustin Patzer
FAMILY LAWYER
Dustin has zealously advocated for his clients at all levels of court in Alberta. Dustin has extensive civil litigation experience, as well as a background in family and divorce law.
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