What Happens When Child Support Arrears Build Up in Alberta

Arrears are unpaid support that was due under an order or agreement. They can grow quietly after a job loss, a move or a dispute, and they can become a serious problem for both the parent who is owed money and the parent who owes it.

This article explains in general terms how arrears fit with the Maintenance Enforcement Program, what a payor can do about a debt, and what a recipient can expect. Each file is different, so a lawyer can confirm how the rules apply to you.

This article covers the law of Alberta.

Why arrears build up

The most common reason is a change in life circumstances that the payor handles informally. Even if your situation has changed, the support amount does not change until the court has made an order. A recipient applies for an increase and a payor applies for a decrease.

A court may consider changing a child support order when the circumstances of the payor or recipient have changed significantly. Examples include the number of dependent children, a long-term change in employment income, special or extraordinary expenses, and travel or access costs.

The Maintenance Enforcement Program

The Maintenance Enforcement Program (MEP) is the Alberta program that deals with support orders that have been filed with it. A court can still vary, suspend or terminate a support order under the Family Law Act even though the order has been filed, for example with MEP.

If the payor or recipient lives outside Alberta, MEP can facilitate payments under the Interjurisdictional Support Orders Act through reciprocal registration agreements. Payors living outside Alberta pay the enforcement program in their own jurisdiction, not the recipient directly, to avoid late penalties and double payment.

The specific collection steps available on a particular file depend on the order and the circumstances. MEP can explain what is happening on your file, and a lawyer can advise on your options.

If you are the payor

Do not simply stop paying or pay less. Apply to change the order if your circumstances have changed significantly. If the parents are divorced or a divorce was started, either parent uses the Court of King's Bench Application to Change Child Support and Arrears plus the Disclosure Statement (RCA11252), and a payor wanting to reduce or cancel arrears uses the Application to Reduce or Cancel Arrears.

If the parents were not married or in a common-law relationship, or no divorce was started, a payor files Claim (Family Law Act) CTS3459, Affidavit of Service – Applicant CTS3513 and Payor's Statement – Vary Child Support CTS3471.

A payor needs the order, complete tax returns and Notices of Assessment for the past 3 years, and pay stubs or other proof of current income. If you do not attend, the judge may make an order in your absence.

If you are the recipient

A recipient applies for an increase, and needs the court order, Notices of Assessment for the past 3 years, current income proof and a list of special expenses.

The Child Support Recalculation Program recalculates court-ordered child support each year using both parents' current income tax information, and considers only changes in guideline income. It applies only going forward. It does not award or reduce arrears, provide retroactive support, or help parents get a new order.

What to do next

• Check your order and your MEP file to confirm the amount owing and the payments recorded.
• Gather income documents and records of what has been paid.
• Payors: apply to change the order promptly rather than waiting, since the amount does not change until a court order is made.
• If the other parent lives outside Alberta, contact the enforcement program where you live to change an order or get file updates.
• Speak with a lawyer about arrears you hope to reduce, cancel or collect.

Frequently asked questions