What to Do When Your Ex Stops Paying Child Support in Manitoba

When child support suddenly stops, the gap shows up quickly in your budget. It helps to know the steps in a sensible order, so you can act calmly rather than react to each missed payment.

This article explains how to document what is owed, how Manitoba's Maintenance Enforcement Program works, and what a court can do. Every family's facts differ, so a lawyer can confirm what fits your order.

This article covers the law of Manitoba.

Start by documenting what has been missed

Before you contact anyone, pull together a clear picture of what is owed. A simple record of what the order says, what was due and what you actually received makes every later step easier.

• A copy of your court order or the written agreement that sets the support
• The dates and amounts of each payment you were supposed to receive
• Bank statements showing what was actually deposited
• Any messages from your ex about the missed payments
• Your file number if you are enrolled with the Maintenance Enforcement Program

Contact the Maintenance Enforcement Program

The Maintenance Enforcement Program (MEP) is part of the Family Resolution Service. It enforces court-ordered support, Child Support Service decisions, family law arbitration awards and some written agreements under The Family Support Enforcement Act, and it receives and monitors payments and acts on arrears.

You can reach MEP at 204-945-7133 or toll-free at 1-866-479-2717 about your file balance, payments and enforcement. You can also email ManitobaMEPInquiries@gov.mb.ca with your full name and file number, and MEP aims to reply within 3 business days. In-person service was listed as currently unavailable.

Enrolling in MEP is optional unless you receive social assistance and assigned your payments to it. You can opt out by filing a written statement with the director, but recipients on social assistance cannot opt out of that requirement. If you are not enrolled, a lawyer can explain private enforcement, which is more limited.

What enforcement can look like

MEP first works with the payor to get voluntary payment. If payments are still not received as required, enforcement action could be taken, and the director chooses which action fits each case.

• Support deduction notice, which is a form of garnishment
• Suspension of an MPI licence or registration
• Federal passport or licence suspension
• Credit bureau reporting
• Seizure of personal property, and liens on land and personal property
• A notice to appear or a summons to court

With a support deduction notice, an employer must complete the response form within seven days after service, send the amounts to the director and not charge any fee. If your ex changes jobs, a new employer or another income source can be served. If there is no employer, a notice can reach almost any income or money asset, and a notice to a bank or credit union may freeze the account.

Court enforcement hearings and arrears

At a court enforcement hearing, the payor must show they did not wilfully fail to pay. The court may order arrears paid in full or by instalments, fine up to $10,000, and/or order jail up to 200 days. Fines or jail do not erase the arrears.

MEP has limits. It will not give you the other party's personal information such as addresses, phone numbers or employment details, and it cannot guarantee payment or change an order's payment terms. It also does not enforce parenting or contact terms or property division.

If your ex says they cannot afford the payments, the main route is a formal one, though MEP can suspend enforcement on the payor's written request and, in adult-child cases where both parties agree, an approved form can change the enforced amount. Cancelling arrears or reducing payments needs a variation application to a judge, with notice to you. MEP can suspend enforcement in whole or part on the payor's written request, so check your file balance if payments seem to have stopped without explanation.

What to do next

• Write down what is owed and what has been paid
• Call or email MEP with your file number and ask about the status of enforcement
• Ask whether the payor has requested a suspension or a variation
• Keep notes of every call, including the date and who you spoke with
• Speak with a lawyer if you are not enrolled in MEP or if the order needs to change

Avoid agreeing informally to lower or skip payments, since cancelling arrears or reducing payments needs a variation application to a judge, with notice to the recipient. There are limited exceptions: MEP can suspend enforcement on the payor's written request, and in adult-child cases, if both parties agree, an approved form can change the enforced amount.

Frequently asked questions