How the Manitoba Maintenance Enforcement Program Works

If you are owed child or spousal support and payments are late or missing, it can feel like you have to chase the other person yourself. In Manitoba, a government program exists to do much of that work.

This page explains what the Maintenance Enforcement Program (MEP) does, how enrolment works, what enforcement can look like, and what MEP will not do for you.

This article covers the law of Manitoba.

What MEP is and what it collects

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. It receives and monitors payments and acts on arrears.

Support rights themselves now sit in The Family Law Act and enforcement sits in The Family Support Enforcement Act. The old Family Maintenance Act was repealed on July 1, 2023, but orders made under it stay in force.

Enrolling in MEP

Enrolling is optional unless the recipient receives social assistance and assigned payments to it. A recipient can opt out by filing a written statement with the director, but recipients on social assistance cannot opt out of that requirement.

A recipient who is not in MEP should consult a lawyer about private enforcement, which is more limited. Whether MEP is the right route for you depends on the kind of order or agreement you have, so it is worth confirming with a lawyer.

How enforcement works

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

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

Not every tool is used in every case. Which one fits depends on the payor's situation, such as whether they have an employer, and the director makes that choice.

With a support deduction notice, the director may bind all wages that are or become due to the payor. The employer must complete the response form and remit the amounts within seven days after service, give the payor a copy and may not charge a fee. A notice exempts $250 each month, or any greater prescribed amount, of wages and pension benefits.

If the payor changes jobs, the employer must notify the director when it stops employing the payor, and the notice lapses when no wages are owed. The director can serve a new employer or another source of money. For payors with no employer, a notice can reach almost any income or money asset, a notice to a bank or credit union may freeze an account, and MEP may register liens, seek a preservation order or apply for a receiver.

Court hearings and changes

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 jail up to 200 days, and fines or jail do not erase the arrears.

A payor who wants arrears cancelled or payments lowered must apply to a judge for a variation, with notice to the recipient. MEP can administratively suspend enforcement in whole or part on the payor's written request. In adult-child cases, a payor can request a child status review and, if both parties agree, an approved form can change the enforced amount. If you receive such a notice, get advice about your options.

What MEP will not do, and how to reach it

MEP will not give a recipient the other party's personal information such as addresses, phone numbers or employment details, and will not provide a full copy of a file. It cannot guarantee payment or change an order's payment terms, and it does not enforce parenting or contact terms or property division.

Before you get in touch, gather your order or agreement, your file number and your own notes on what has been paid. Having these ready makes it easier to ask clear questions about your file.

• Phone 204-945-7133 or toll-free 1-866-479-2717 for file balance, payments and enforcement.
• Email ManitobaMEPInquiries@gov.mb.ca with your full name and file number; MEP aims to reply within 3 business days.
• Mail 100 – 352 Donald Street, Winnipeg MB R3B 2H8; in-person service was listed as currently unavailable.
• Keep your own record of payments received and missed.
• Speak with a lawyer if your order needs to change or you are unsure whether your agreement can be enforced.

Frequently asked questions