Can Maintenance Enforcement garnish my ex's wages for unpaid support in Manitoba?
This answer covers the law of Manitoba.
Yes, in many cases. The Maintenance Enforcement Program (MEP) can issue a support deduction notice, which binds all wages that are or become due to the support payor. MEP first works with the payor toward voluntary payment, and the director chooses which action fits each case.
Within seven days after service, the employer must complete the response form, remit the amounts to the director, give the payor a copy and charge no fee. A notice does not reach everything: $250 each month of wages and pension benefits is exempt, and there is a 90% limit on total wages and pension benefits bound by notices.
If the payor changes jobs, the employer must notify the director, and the notice lapses when wages are no longer owed, but a notice can be served on a new employer. If there is no employer, a notice can reach almost any income or money asset, and MEP may also register liens. Other tools include licence suspensions and credit bureau reporting. If payments are not made, a court enforcement hearing may follow, where the payor must show they did not wilfully fail to pay. MEP cannot guarantee payment.
Key takeaways
- A support deduction notice binds all wages that are or become due to the payor, and the employer must remit them to the director.
- Some wages are protected: $250 each month is exempt, and a 90% limit applies to total amounts bound by notices.
- If the payor changes jobs, the employer must notify the director, and the notice can be served on a new employer.
- If the payor has no employer, a notice can reach almost any income or money asset, and MEP may register liens or use other tools.