What happens if my ex does not pay child support in Alberta?
This answer covers the law of Alberta.
If your ex stops paying child support in Alberta, the main route is the Maintenance Enforcement Program (MEP), which collects court-ordered child, spousal and partner support and enforces it as needed. To use it, either the payor or the recipient must live in Alberta, and there must be a filed maintenance order or maintenance agreement that sets an enforceable amount.
Only one of you needs to register. Once the file opens, the payor must pay through MEP instead of paying you directly. Terms that are not in a court order or an eligible agreement, such as Minutes of Settlement or a separation agreement, cannot be enforced by MEP. If that is all you have, a lawyer can tell you whether a court order is needed.
When a payor is in arrears with no payment arrangement, MEP can suspend their Alberta driver's licence, and they must contact MEP to set up payments to have it lifted. A court can order a stay of enforcement of up to 9 months, but it does not erase the arrears or stop federal collection such as garnishing employment insurance or tax refunds. Which tools fit depends on the facts, so a lawyer can confirm.
Key takeaways
- The Maintenance Enforcement Program collects court-ordered child, spousal and partner support and enforces it as needed.
- Terms that are not in a court order or an eligible agreement, such as Minutes of Settlement, cannot be enforced by the program.
- A payor in arrears with no payment arrangement can have their Alberta driver's licence suspended.
- A court-ordered stay of enforcement can last up to 9 months but does not erase the arrears.