What Is the Family Resolution Service in Manitoba?

If you are separating, you may have heard of the Family Resolution Service and wondered whether it replaces court, offers advice or something else. It can be hard to tell from the name alone what it does, so it helps to know which part you are dealing with.

This article explains what can be said with confidence about the service, focusing on the Maintenance Enforcement Program, and how that sits alongside the court process. For current details of other supports, check directly with the service.

This article covers the law of Manitoba.

What the Family Resolution Service is

You may see the Family Resolution Service mentioned in connection with separation and support questions. The Maintenance Enforcement Program (MEP) is part of it.

This article focuses on MEP because its role can be described with the most confidence. Rather than rely on a general description, confirm what is available now by contacting the service directly or asking a lawyer.

What the Maintenance Enforcement Program does

MEP enforces court-ordered support, Child Support Service decisions, family law arbitration awards and some written agreements under The Family Support Enforcement Act. It also receives and monitors payments and acts on arrears.

Manitoba's Family Maintenance Act was repealed on July 1, 2023. It was replaced by The Family Law Act for rights and duties, including spousal support, and The Family Support Enforcement Act for enforcement. Orders made under the old Act stay in force.

What it cannot do

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

Enrolling in MEP 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.

How enforcement generally unfolds

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.

With a support deduction notice, an employer must complete the response form and remit amounts within seven days after service, and cannot charge a fee. A monthly amount of $250 of wages and pension benefits is exempt, or any greater prescribed amount. A payor without an employer can still be reached, since a notice can reach almost any income or money asset.

How it fits with court

MEP enforces court-ordered support, Child Support Service decisions, family law arbitration awards and some written agreements; it does not decide them. Court-based steps in the Court of King's Bench, Family Division, include filing, serving the other party, completing prerequisites such as the For the Sake of the Children Program and mediation efforts, and a triage conference.

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. Cancelling arrears or lowering payments needs a variation application to a judge, with notice to the recipient.

What to do next

• Find your MEP file number and keep it handy.
• Check your payment record against your own records.
• Call MEP at 204-945-7133 or toll-free 1-866-479-2717 for your file balance, payments or enforcement.
• Email ManitobaMEPInquiries@gov.mb.ca with your full name and file number; it aims to reply within 3 business days.
• Speak to a lawyer if you need to change, cancel or enforce an order beyond what MEP can do.

MEP's mailing address is 100 – 352 Donald Street, Winnipeg MB R3B 2H8. In-person service was listed as currently unavailable.

Frequently asked questions