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AR 2/86 MAINTENANCE ENFORCEMENT REGULATION

(Consolidated up to 227/2011)

ALBERTA REGULATION 2/86

Maintenance Enforcement Act

MAINTENANCE ENFORCEMENT REGULATION

Table of Contents

                1       Definitions

                2       Information from creditor

             2.1       Information, authorizations from creditor

             2.2       Information release

                4       Condition of refiling

                5       Service of documents

                6       Records


                7       Forms

                9       Alternate business premises

              10       Address for service

              11       Variation of maintenance order

              12       Support deduction notice

              13       Support deduction notice – restriction on remuneration
from employment

              15       Statement

              16       Termination of support deduction notice

              17       Reduction in payment

              18       Jointly owed money

              20       Non‑Alberta order

              21       Notice of licence suspension

              22       Agreements

              23       Definitions

              24       Deterrent charges

              25       Service fees

Schedule

Definitions

1   In this Regulation,

                                 (a)    “Act” means the Maintenance Enforcement Act;

                       (a.1), (b)    repealed AR 194/2004 s2;

                              (b.1)    “remuneration for employment” includes

                                           (i)    salary, wages, allowances, commissions, bonuses, incentives, holiday pay and vacation pay, and

                                          (ii)    income that, in the opinion of the Director,

                                                 (A)    replaces remuneration from employment, and

                                                  (B)    is appropriate in the circumstances to treat as remuneration from employment,

                                          but does not include termination or severance pay;

                                 (c)    “support deduction notice” means a support deduction notice issued under section 17 of the Act.

                                 (d)    repealed AR 241/2008 s2.

AR 2/86 s1;29/2000;251/2001;194/2004;241/2008

Information from creditor

2(1)  The creditor under a maintenance order shall provide the Director with the information that, in the opinion of the Director, is required for the Director to enforce payment under the order.

(2)  If a creditor files a maintenance order under section 6 of the Act or refiles a maintenance order under section 9(2) of the Act, the creditor shall, when required by the Director, file with the Director an affidavit respecting the arrears owed by the debtor that have accrued on and after July 1, 1984.

                          (a), (b)    repealed AR 348/94 s2.

(3)  If a creditor receives a payment of any sum of money from the debtor in respect of a maintenance order after the date of the affidavit filed under subsection (2) or after the date the order is filed under section 7(1) of the Act, the creditor shall report the payment to the Director within 7 days.

(4)  A report by a creditor under subsection (3) must be made by using any of the automated telephone or internet reporting features that may be provided by the Director for that purpose from time to time.

AR 2/86 s2;348/94;251/2001;194/2004;241/2008

Information, authorizations from creditor

2.1(1)  A creditor must provide the Director with the information and authorization required to enable the Director to make direct deposits of maintenance payments into the creditor’s bank, credit union, trust corporation or treasury branch account.

(2)  A debtor who registers with the Director must provide the Director with the information and authorization required to enable the Director to make direct withdrawals of maintenance payments from the debtor’s bank, credit union, trust corporation or treasury branch account.

AR 71/95 s2;29/2000

Information release

2.2(1)  The Director may provide information under section 15(3)(e) of the Act to

                                 (a)    the creditor and the creditor’s legal counsel,

                                 (b)    the debtor and the debtor’s legal counsel,

                                 (c)    a member of the Legislative Assembly who has been requested by a debtor, creditor or other interested individual to assist in resolving a problem and the information is relevant to the problem,

                                 (d)    repealed AR 90/2000 s2,

                                 (e)    a reciprocating jurisdiction, as defined in the Interjurisdictional Support Orders Act, and

                                  (f)    a Government employee for the purposes of

                                           (i)    determining a creditor’s or debtor’s suitability for a Government program or benefit,

                                          (ii)    investigating fraud,

                                         (iii)    determining whether a repayment is required under Part 6 of the Income and Employment Supports Act, or

                                         (iv)    preparing or making an application or agreement under the Parentage and Maintenance Act, Domestic Relations Act, Family Law Act, Child, Youth and Family Enhancement Act or Part 5 of the Income and Employment Supports Act;

                                 (g)    the Ethics Commissioner for the purposes of carrying out his or her duties and functions under the Conflicts of Interest Act.

(2)  The information that the Director may provide under section 15 of the Act to a creditor, creditor’s legal counsel and member of the Legislative Assembly with respect to the debtor or a creditor is the following:

                                 (a)    the amount of the debt under a maintenance order and when the debt arose;

                                 (b)    whether any payments on the debt under the maintenance order have been made and whether the payments, if any, were voluntary;

                                 (c)    whether the Director has attempted to enforce the maintenance order and, if so, how;

                                 (d)    whether any of the maintenance or arrears are subrogated to the Crown or whether the Crown is entitled to receive any of the maintenance or arrears and, if so, the amount, the periods of time when it was subrogated to the Crown or the Crown was entitled to it, and any related information

(3)   Repealed AR 90/2000 s2.

(4)  The information that the Director may provide under section 15 of the Act to a reciprocating state, as defined in the Interjurisdictional Support Orders Act, and to a Government employee for a purpose described in subsection (1)(f) is the following:

                                 (a)    the information described in subsection (2);

                                 (b)    the residential address, work address, residential telephone number, work telephone number, cell phone number, e‑mail address and birth date of the debtor or creditor;

                                 (c)    the name of the employer and type of employment, job title, hours of work and remuneration information of the debtor or creditor;

                                 (d)    any other information that, in the opinion of the Director, is appropriate to disclose.

(5)  The information that the Director may provide under section 15 of the Act to the debtor or the debtor’s legal counsel is whether any of the maintenance or arrears are subrogated to the Crown or whether the Crown is entitled to receive any of the maintenance or arrears and, if so, the amount, the periods of time when it was subrogated to the Crown or the Crown was entitled to it, and any related information.

AR 29/2000 s4;90/2000;251/2001;4/2003;194/2004;8/2005;212/2005

3   Repealed AR 194/2004 s5.

Condition of refiling

4   The Director may require, as a condition of the refiling with him of a maintenance order, that the order remain filed for a period of not more than 3 years from the date of the refiling unless the Director consents to its earlier withdrawal.

AR 2/86 s4

Service of documents

5(1)  Notice required to be served under the Act or this Regulation that is not otherwise provided for shall be served in accordance with the provisions of the Alberta Rules of Court (AR 124/2010) respecting service of documents, other than commencement documents, in Alberta.

(2)  In addition to the methods of service referred to in subsection (1), the following documents may be sent by recorded mail as defined in the Alberta Rules of Court (AR 124/2010) or by ordinary mail:

                                 (a)    notice under section 10.1(2)(b) of the Act;

                                 (b)    a request for information by the Director under section 13(2) of the Act;

                                 (c)    notice of the Director’s request for a statement of finances.

(3)  Notwithstanding subsection (1), notice under section 24(1)(b) and section 25(1) of the Act shall be served in accordance with the provisions of the Alberta Rules of Court (AR 124/2010) respecting service of commencement documents in Alberta.

(4)  If a debtor or a creditor has updated the debtor’s or creditor’s address with the Director, that address is an address for service for the purposes of the Alberta Rules of Court (AR 124/2010).

(5)  Notice is deemed to be sufficient if the person served acknowledges receipt of the notice, even if the notice was not served in accordance with this section.

(6)  Despite a court order described in section 44 of the Act, the Director shall not serve a document under that section on a debtor or creditor named in the court order as the party to be substitutionally served by service on the Director unless

                                 (a)    the Director has been provided with 2 filed copies of an order described in section 44 of the Act and 2 copies of each document to be served on the party,

                                 (b)    the person who wishes the Director to serve the document on the party submits to the Director a completed request for service in Form 5,

                                 (c)    the Director has an address for service for the party to be served, and

                                 (d)    the fee for service has been paid.

(7)  Despite subsection (6), the Director shall not serve a document under section 44 of the Act if the Director does not have an address for the intended recipient of the document.

(8)  Service by the Director under subsection (6) must be service at the last known address of the intended recipient of the document.

AR 2/86 s5;348/94;29/2000;251/2001;32/2004;194/2004;8/2005;

241/2008;164/2010

Records

6   The Director shall keep records of all money received by him and of all payments made by him to creditors.

AR 2/86 s6

Forms

7(1)  A statement of finances required to be filed by a debtor under the Act must be in Form 1.

(1.1), (2)  Repealed AR 194/2004 s7.

(3)  A statement of arrears filed by a creditor under section 21 or 25 of the Act shall be in Form 2.

(4)  A statement of arrears filed by the Director under section 21 or 24 of the Act shall be in Form 3.

(5)  Notice under section 23 of the Act shall be in Form 4.

(6)  A request for service on a party under section 44 of the Act must be in Form 5.

(7)  A maintenance agreement filed with the Director under section 10.1 of the Act shall be in Form 6.

AR 2/86 s7;151/89;29/2000;251/2001;32/2004;194/2004

8   Repealed AR 194/2004 s8.

Alternate business premises

9   If the person served with a support deduction notice has more than 1 place of business and it appears that the money bound by the notice is or may be payable through some place of business other than that at which the notice is served, the person in charge of the place of business at which the notice is served shall forthwith notify the person in charge of the place of business at which the money is or may be payable and that money is bound and the notice is conclusively deemed to be served as of the time it is actually received at the place of business through which the money is payable or within 48 hours after the actual service of the continuing attachment, whichever is the shorter period.

AR 2/86 s9;194/2004

Address for service

10(1)  A person required to pay under a support deduction notice shall provide the Director with an address for service and fax number, if any, and shall inform the Director forthwith of any change in the address and fax number.

(1.1)  A person who is replying to a support deduction notice must include the name of the debtor and the maintenance enforcement program file number.

(2)  A person required to pay under a support deduction notice shall notify the Director of

                                 (a)    the termination of the employment or other relationship of the debtor with that person forthwith after its termination, and

                                 (b)    the re‑establishment of the employment or other relationship of the debtor with that person forthwith after its re‑establishment.

AR 2/86 s10;29/2000;194/2004

Variation of maintenance order

11   If a support deduction notice has been issued in respect of a maintenance order and a court

                                 (a)    varies the amount of maintenance payable under the maintenance order,

                                 (b)    makes a determination in respect of any arrears owing under the maintenance order,

                                 (c)    suspends the support deduction notice, or

                                 (d)    increases or decreases the restriction under section 13,

the Director shall notify the person required to pay under the support deduction notice by mail or telecopier of the change, if any, required to be made in the payments under the support deduction notice forthwith on being served with a copy of the order by the debtor or the creditor.

AR 2/86 s11;29/2000;194/2004;241/2008

Support deduction notice

12(1)  The person required to pay under a support deduction notice shall file an answer with the Director not more than 15 days after the person is served with the notice if he

                                 (a)    is not required to make a payment under the notice within 15 days after the date on which he is served, or

                                 (b)    disputes or denies his indebtedness to the debtor.

(2)  No support deduction notice shall be set aside for irregularity unless there has been substantial non‑compliance with this Regulation.

(3)  Repealed AR 194/2004 s10.

AR 2/86 s12;194/2004

Support deduction notice – restriction on remuneration
from employment

13(1)  Subject to an order obtained under section 17(4) of the Act, a support deduction notice with respect to remuneration from employment may not require payment to the Director of more than 40% of the gross amount of remuneration per month without the debtor’s consent.

(2)  If the Director makes an application under section 17(4) of the Act, notice of the application must also be served on the creditor.

AR 2/86 s13;194/2004;241/2008

14   Repealed AR 194/2004 s11.

Statement

15(1)  The person required to pay under a support deduction notice shall provide the Director at his request with a statement setting out

                                 (a)    the period with respect to which any remuneration from employment or other remuneration is owing or payable by that person to the debtor,

                                 (b)    how the amount payable under the support deduction notice was calculated, and

                                 (c)    any payments made by that person to the debtor.

(2)  A person required to file an answer under section 12 shall provide the Director at his request with a statement setting out

                                 (a)    the particulars of his indebtedness to the debtor, or

                                 (b)    the grounds on which he disputes or denies his indebtedness to the debtor.

AR 2/86 s15;194/2004;241/2008

Termination of support deduction notice

16(1)  A support deduction notice shall not remain in effect for more than 12 years from the date on which it is issued.

(2)  The Director may terminate the effect of a support deduction notice by serving notice of the termination on the person required to pay under the support deduction notice.

(3)  Notwithstanding this section and section 17, the Director may issue a further support deduction notice under section 17 of the Act with respect to the same debtor and person required to pay under the notice as if no other notice had been issued.

(4)  If a maintenance order is withdrawn from the office of the Director, the Director shall terminate the effect of any support deduction notice in respect of that maintenance order.

(5)  Repealed AR 194/2004 s12.

(6)  The Director shall terminate the effect of a support deduction notice if all arrears, interest, costs and payments under the maintenance order have been paid and no further payments are payable under the maintenance order.

AR 2/86 s16;348/94;29/2000;251/2001;194/2004

Reduction in payment

17(1)  Repealed AR 348/94 s5.

(2)  If the Director has received sufficient money to discharge all arrears payable by the debtor under the maintenance order and only ongoing periodic payments remain outstanding, the Director shall adjust the amount of the payment under the support deduction notice for a period to the amount of the payment required to be paid under the maintenance order for that period by serving notice of the adjustment on the person required to pay under the support deduction notice.

AR 2/86 s17;348/94;194/2004

Jointly owed money

18(1)  If a person is required, under a support deduction notice, to pay money that is owed jointly, the person shall notify those to whom the money is owed as soon as possible.

(2)  A notice of attachment referred to in subsection (1) attaches to the debtor’s portion of money owed jointly when the notice is received, and to the debtor’s portion of any money owed jointly that is received by the person after the notice has been received.

(3)  The debtor’s portion of jointly owed money is the portion deemed to be owed by the debtor pursuant to section 17(3) of the Act or the portion determined by the Court under section 17(4) of the Act.

(4)  An application under section 17(4) of the Act must be filed and served within 14 days of the date the support deduction notice was served on the person required to pay under the support deduction notice.

AR 348/94 s6;251/2001;194/2004;164/2010

19   Repealed AR 194/2004 s14.

Non-Alberta order

20   The documents that the Director may serve under section 18(1) of the Act are those that meet the requirements of section 18(1)(a) and (b) of the Act and are issued by an official of a reciprocating state, as defined in the Interjurisdictional Support Orders Act that is a province or territory of Canada, whose power, duties and function are similar to those of a Director under this Act.

AR 29/2000 s12;251/2001;194/2004

Notice of licence suspension

21(1)  Subject to subsection (2), the Director must serve notice on a debtor at least 21 days before giving notice to the Registrar under section 22(3) of the Act to suspend any operator’s licence issued to the debtor.

(2)  The Director may serve notice on a debtor

                                 (a)    who is in default under an order made under section 30 of the Act, or

                                 (b)    who is in default for 60 days or longer in paying maintenance under a maintenance order other than an order under section 30 of the Act.

(3)  A notice under subsection (2) may be served by the Director on a debtor

                                 (a)    by ordinary mail at the debtor’s last known address, or

                                 (b)    by telecopier at the debtor’s last known fax number.

(4)  A notice by the Director to the Registrar under section 22 of the Act may be given by any means agreed to by the Director and the Registrar.

AR 29/2000 s12;251/2001;324/2009

Agreements

22(1)  The day specified for the purposes of section 10.1(8) of the Act is March 1, 2004.

(2)  If an agreement contains terms and conditions in addition to those provided for in Form 6, that form may not be filed pursuant to section 10.1 of the Act.

AR 32/2004 s4;241/2008

Definitions

23(1)  For the purposes of section 12 of the Act, “funds” are defined as

                                 (a)    a payment, except for a payment on behalf of a minor, by the Administrator of the Motor Vehicle Accident Claims Act pursuant to a judgment under that Act,

                                 (b)    a prize of $1001 or more that is payable to an individual claimant pursuant to a single winning ticket in a lottery scheme that is conducted and managed by the Western Canada Lottery Corporation or any successor of the Western Canada Lottery Corporation, if the prize is claimed directly from the Western Canada Lottery Corporation or its successor, and

                                 (c)    funds locked into a retirement savings vehicle as defined in section 17.1 of the Act if

                                           (i)    the funds are the subject of a financial hardship application to the Superintendent of Pensions, and

                                          (ii)    the applicant has disclosed in the application that

                                                 (A)    he or she is a maintenance debtor, or

                                                  (B)    the reason for the financial hardship application is that the funds are needed to pay maintenance.

(2)  The Western Canada Lottery Corporation, and any successor of the Western Canada Lottery Corporation, is designated as an entity under section 12(3) of the Act.

(3)  The Western Canada Lottery Corporation, and any successor of the Western Canada Lottery Corporation, is required to provide the Director with information and to hold funds in accordance with the Act, this Regulation and any agreement that may be entered into by the Western Canada Lottery Corporation or its successor and the Director when it receives a claim for funds from an individual claimant as described in subsection (1)(b).

(4)  The information required to be provided to the Director under section 12(3)(a) and (b)(i) and (ii) of the Act includes

                                 (a)    the name of the individual to whom or on whose behalf a payout of funds is to be made, including any variations of the name that have been provided by the individual to the Crown, Provincial agency or statutory agent responsible for authorizing the payout,

                                 (b)    the name of an agent or legal counsel acting for the individual, if any,

                                 (c)    if an individual has filed a financial hardship application that meets the criteria set out in subsection (1)(c),

                                           (i)    the name, date of birth, mailing address, phone number, telecopier number, e‑mail address and principal residence address of the individual, if available, and

                                          (ii)    the account number of the retirement savings vehicle and the name, address and telecopier number of the financial institution that administers it,

                                     and

                                 (d)    all available information related to the identity of the individual that is shown on a record in the possession or control of the Crown, the Provincial agency or statutory agent.

(5)  The information required to be provided to the Director under section 12(3)(b)(iii) of the Act includes

                                 (a)    the information referred to in subsection (3)(a) and (b) that has been provided by or on behalf of the individual to the entity responsible for authorizing the payout, and

                                 (b)    all available information related to the identity of the individual that is shown on a record in the possession or control of the entity responsible for authorizing the payout.

AR 194/2004 s16

Deterrent charges

24   The deterrent charges payable under the Act and this Regulation are as follows:

                                 (a)    for failing to pay maintenance in accordance with section 25.1(1)(a) of the Act, $25 per month;

                                 (b)    for failing to file a statement of finances in accordance with section 25.1(1)(b) of the Act, $200;

                                 (c)    for each dishonoured or stopped payment under section 25.1(1)(c) of the Act, $50;


                                 (d)    for each payment accepted by a creditor and not reported in accordance with section 2(3) of this Regulation, $50.

AR 194/2004 s17;241/2008

Service fees

25(1)  A debtor or creditor who

                                 (a)    withdraws a maintenance order that has been filed with the Director and who subsequently refiles the order, or

                                 (b)    requests that the Director reopen a file that has been closed by the Director because the debtor or creditor has failed to provide information required under the Act or this Regulation,

shall be charged a service fee of $200 each time the order is refiled or the file is reopened.

(2)  A person who serves a party with documents by substitutional service on the Director will be charged a service fee of $50 for each request for service.

(3)  If interest has been collected by the Director on arrears outstanding under a maintenance order, the Director shall retain 20% of the interest collected as a service fee.

AR 194/2004 s17

Schedule   

Form 1
Statement of Finances

COURT FILE NUMBER                                                    Clerk’s Stamp:

MEP FILE NUMBER

COURT OF QUEEN’S BENCH OF ALBERTA                                       

JUDICIAL CENTRE                                                                                   

RECIPIENT (Maintenance Creditor):                                                       

PAYOR (Maintenance Debtor):                                                               

DOCUMENT                                        AFFIDAVIT — STATEMENT
                                                OF FINANCES                    

ADDRESS FOR SERVICE AND

CONTACT INFORMATION OF

PARTY FILING THIS DOCUMENT

NOTICE TO THE MAINTENANCE DEBTOR:

You are required under the Maintenance Enforcement Act to return a Statement of Finances when requested by the Maintenance Enforcement Program. The form must be fully completed and returned within 15 days of the date the Statement is mailed to you. For items that do not apply, please mark as “n/a” or “not applicable”.

If you do not return a Statement of Finances when requested, you will be required to pay a $200 penalty or you will be subject to prosecution. Debtors who are prosecuted are subject to a fine of up to $2,000 or three months imprisonment, or both.

I, __________ of __________, Alberta, MAKE OATH AND SAY:

1.        I am the maintenance debtor in this matter;

2.        Paragraphs A through M below completely and accurately disclose my entire financial situation today:

A.       Debtor Information

   (last name)       (first name)       (middle name)       (birthdate)   

   (present address (mailing address))      (area code)      (home phone no.)   

                                                                                                                                          (area   (daytime    

   (city)   (province)   (postal code)  (email address)      code)  phone no.)  

   (street address or land description (if different from mailing address))    

       (social               (driver’s           (personal         (area         (cell     
  insurance no.)      licence no.)        health no.)     code)         phone no.)  

    (maiden name      (full name of your spouse
   of your mother)     or common-law partner)       (area code)    (fax no.)    

  (list your trade, profession or occupation)                                                 

Are you a member of a Union?                                 Yes    No

If yes, which local(s)?                                                                                   

B.       Income  (If income is from self-employment, see Paragraph C)

   (name of present employer)               (area code)     (business phone no.)  

   (present address (street address))                       (area code)       (fax no.)   

  (city)              (province)            (postal code)                 (email address)   

    (nature of business)                   (position held)                    (start date)     

  $(gross monthly wages or salary)        $(net monthly wages or salary)       

  (name of previous employer #1)          (area code)  (business phone no.)    

   (present address (street address))                           (area code)  (fax no.)    

  (city)              (province)            (postal code)                (email address)    

    (nature of business)                   (position held)                   (start date)      

   $(gross monthly            $(net monthly
     wages or salary)         wages or salary)                             (end date)        

  (name of previous employer #2)          (area code)  (business phone no.)    

   (present address (street address))                           (area code)  (fax no.)    

  (city)              (province)            (postal code)                 (email address)   

    (nature of business)                   (position held)                    (start date)     

   $(gross monthly           $(net monthly
     wages or salary)         wages or salary)                              (end date)       

What is your annual bonus from your employer?                                  $     

How much money per year do you receive from commission work?     $     

How much of a raise will you be receiving this year, and when?
Date:                                                                                                       $     

How much money do you receive from other part-time employment?  $     

Provide name, current address, telephone number of all part-time
employers:                                                                                                    

How much money do you receive from income‑producing hobbies?     $     

List all other income (dividends, rental income, annuities, pensions, etc.)
                                                                                                               $      

Annual income tax and/or GST rebates, Universal Child Care Benefit, Child Tax Credit                                                                           $      

*List additional household income (spousal, adult interdependent partner, roommate, etc.) $      

                                                                                                                                       TOTAL MONTHLY INCOME       $     

Have you filed income tax returns within the past 3 years?  Yes No

If yes, provide the following information or attach copies of your returns or Notices of Assessment:

(taxation year)                                                              $(net taxable income)

C.       Income from Self-Employment

List any businesses in which you are involved as an owner, part owner, shareholder, director or officer.  If the business is a proprietorship, partnership or joint venture, list the names, addresses and telephone numbers of any partners, principals or participants:

   (name)               (address)               (area code)                (telephone no.)   

    (type of business)    (name of business)    (area code)    (telephone no.)   

   (business location (street address))                                                            

   (city)              (province)              (postal code)              (email address)   

Is this business a:     proprietorship                               partnership

                                joint venture                                    corporation

What is the percentage of the business owned by you?                             %

What is the net book value of the business?                                        $        

What is the estimated market value of the business?                           $        

Itemize your yearly income from this business below:

Salary                                                                                                                             $        

Bonuses                                                                                                $        

Dividends                                                                                             $        

Other income (automobile allowances, expenses, etc.)                        $        

(itemize and describe)                                                                           $        

Other benefits you receive from this business (company car, house, loans, savings plans, share purchase options, etc.):

(itemize and describe)                                                                  $(value)      

Total Annual Income (of both sections above)                                    $        

Include a copy of the business’s most recent Financial Statement.

Where are the business’s bank accounts located?

   (name of institution)       (branch)        (address)     (account no.)   

If the business is a corporation, complete the following:

      public corporation                                   professional corporation

      private corporation                                   other (describe)             

Are you an Officer or Director of the corporation?               Yes No

If yes, what is your title?                                                                              

If the business is NOT a public corporation, complete the following:

Total number of shares issued and outstanding:

   (class)                        (number)                            $(net book value)

Total number of shares of each class held by you:

   (class)                        (number)                            $(net book value)

Total amount of all loans payable to you by the corporation:

Amount                                                                                     $                   

Interest earned (if any)                                                              $                   

Terms of repayment:                                                                                      

D.       Monthly Expenses

 

 

Total Expense

Amount Paid by You

1.

Rent or mortgage payments
(name of landlord or mortgagee)   


$             


$             

2.

Property taxes

$             

$             

3.

Utilities

$             

$             

4.

Groceries (food, toiletries, etc.)

$             

$             

5.

Clothing

$             

$             

6.

Transportation (fuel, parking, repairs, public transit, etc.)


$             


$             

7.

Personal expenses (prescription drugs, medical and dental expenses, expenses not covered by insurance, etc.)



$             



$             

8.

Home or rental insurance

$             

$             

9.

Vehicle insurance

$             

$             

10.

Life insurance

$             

$             

11.

Disability insurance, etc.

$             

$             

12.

Maintenance

$             

$             

13.

Alcohol, tobacco, other dependencies

$             

$             

14.

Other (specify)

$             

$             

15.    List your monthly payments (loans, credit cards, personal debts, etc.):

  (type of          (to whom       $(amount          $(monthly        $(amount paid
   debt)               payable)       outstanding)       payment)                by you)   

                                                                                                                        TOTAL MONTHLY EXPENSES      $           

E.       Dependants

List the members of your household who are financially dependent on you:

   (name of dependants)          (date of birth)            (relationship to you)    

List all orders or agreements requiring you to pay child or spousal maintenance:

         (date of                     (amount payable        (person     
      order/agreement)             per month)            payable to)        $(arrears)  

F.        Assets

Bank Accounts:  List all chequing and savings accounts, term deposits, annuities, etc.:

  (name of financial   (branch             (type of
       institution)          address)           deposit)    (account no.)      $(amount)

In the last 2 years have you used the services of a payday loan company or immediate cheque cashing service? (e.g. Payday Loans or MoneyMart)

Yes  No

           (name of company)                                    (address)                          

Retirement Savings Plans:  Provide information about all RRSPs, LIRAs, LIFs, LRIFs, pensions, etc.:

   (name of financial       (branch           (type         (account       $(current
       institution)                address)        of plan)         no.)               value)    

Real Estate:  Fill in the required information regarding all real estate (homes, rental properties, cottages, condominiums, etc.) inside and outside the Province of Alberta in which you own an interest:

   (municipal          (legal         $(purchase     $(balance        $(current market 
      address)        description)        price)           owing)                  value)    

List the name and address of the mortgagee/lender for each property described above:              

Motor Vehicles, etc.:  Fill in the requested information regarding all motor vehicles (cars, trucks, farm machinery, construction equipment, recreation vehicles, aircraft, etc.) in which you own an interest:

  (type   make     (serial    $(purchase    $(balance   $(current market 
   model   year)    no.)          price)           owing)           value)        $(equity)

Securities:  List your shares, bonds, etc. and their current market value:

   (type)       (number)           (dividends (if any))      $(current market value)

List location of all certificates for all corporate holdings (both public and private) and the name(s) and address(es) of the brokers through whom you deal:

   (location of certificates)                        (name and address of broker)       

G.       Insurance

List all insurance policies that you own or in which you are a named beneficiary.  Include the insurance company granting the policy, the policy number, the amount, the person insured, the premium and its cash surrender value:

(insurance    (policy                      (person                            $(cash surrender
  company)    no.)    $(amount)     insured)    $(premium)             value)     

H.       Property Held By A Trustee

List all properties or interests held by a trustee on your behalf:

   (description of                                                             (name and address   
      assets held)                           (location of assets)                 of trustee)   

I.         Parties Who Owe You Money

List all parties who owe you money:

    (name)
    (reason for debt)                      (address)                  $(amount owing)   

Are you the plaintiff in any lawsuit that may result in the court awarding

money to you?                                                                       Yes No

    (name of person being sued)                                      $(amount claimed)   
    (your lawyer’s name)                                                            (address)      
    (area code) (phone no.)                                   (status of court action)      

Have you settled a lawsuit for a sum of money that has not been paid yet?
                                                                                                            
Yes  No

    (your lawyer’s name)                        (amount owing)       (payment date)
    (lawyer’s address)                               (lawyer’s (area code) (phone no.)) 
    (status of court action (if any))                                                                

Have you registered any debts owed to you against property?
                                                                                                            
Yes  No

    (description of debt)                                      (description of property)    
    (registration number of debt)                           (serial no. of property)     
    (name and address of owner)                                                                    

Have you applied for any benefit, refund, compensation, grant, settlement or other funds from any government department or program?
                                                                                             
Yes  No

   (government department                                                      (reasons          
          or program)                   $(amount applied for)          for application) 

J.       Inheritances

List all estates in which you are the beneficiary of an inheritance:

    (deceased’s name)                                (name of executor/administrator)   
    (address of executor/administrator)                                                          
    (name of lawyer acting for estate)                          $(value of inheritance)

K.       Other Assets

List the kind, value and location of other assets (whether solely or jointly owned) below:

Type of Asset

Description

Sole Owner

Location

Value

 

 

Yes  No

 

 

Interests in other businesses

 

  

 

$

Promissory notes,  judgment debts

 

  

 

$

Loans and mortgages receivable

 

  

 

$

Objects of art, jewellery, bullion, coins, cameras

 

  

 

$

Household furnishings and appliances (stereos, TVs, computers, crystal, dishwashers, etc.)

 

  

 

$

Other assets not previously listed

 

  

 

$

Cash (including foreign currencies)

 

 

 

$CDN

L.       Transfer of Property

Have you given away, sold, assigned or otherwise transferred any property (land, buildings, vehicles, money, household furnishings, etc.) to anyone within the last 12 months?  Give details:

    (description           (to whom          (date of          $(amount of  money  
    of property)           transferred)       transfer)          received by you)   

M.      Bankruptcy

Have you begun a bankruptcy proceeding for which you have not been discharged?  Yes  No

    (name and address of trustee/agent)                   (area code) (phone no.)   

Sworn before me                                            )
on  __________________, 20____,              )
at                                        , Alberta              )                                       

_____________________________             )   Signature of Debtor
A Commissioner for Oaths in and 

for the Province of Alberta

or a Notary Public

Form 2

Statement of Arrears
(Creditor)

I,     (creditor)     of the        of        in the Province of Alberta, hereby declare that as of the ___ day of ________, 20__,     (debtor)     is in arrears under a maintenance order or agreement to pay maintenance in the total amount of $ ____.  Particulars of the arrears are attached.

I make this declaration conscientiously believing it to be true, and knowing that it is of the same force and effect as if made under oath.

DECLARED before me at the              of     )
              , in the Province of Alberta, the      )
         day of                       ,                .          )
                                                                       )         (signature of creditor)    

(Commissioner for Oaths                              )
in and for the Province of Alberta)                )

Form 3

Statement of Arrears
(Maintenance Enforcement Program)

THIS IS TO STATE THAT:

    (the debtor)      is in arrears under a maintenance order or agreement to pay maintenance filed with the Director of Maintenance Enforcement in the total amount of $               .

 

DATED this         day of                        , 20       .

 

                                    MAINTENANCE ENFORCEMENT PROGRAM

Form 4

Notice of Filing with the Director
of Maintenance Enforcement

 

To the Registrar of the _______ Alberta Land Registration District

TAKE NOTICE THAT a Maintenance Order or Agreement to pay maintenance

                                 (a)    dated _______ and submitted for registration with this Notice, or

                                 (b)    registered at the Land Titles Office on the ___ day of ________, 20__ as instrument number _____ against the lands of     (debtor)     including the lands legally described as follows:

______________________________________________________

______________________________________________________

has been filed with the Director of Maintenance Enforcement.

PURSUANT to the Maintenance Enforcement Act, you shall discharge or register the postponement of this Order or Agreement to pay maintenance only if the discharge or postponement is signed by the Director of Maintenance Enforcement.

DATED this ___ day of ________, 20__.

  (Director of Maintenance Enforcement)  

Form 5

Service Request Form

(Section 44 of the Maintenance Enforcement Act)

   (MEP Account No.    )      

Documents to be served  (Select all that apply and attach 2 copies of each.)

    order allowing substitutional service on the Director (must be provided), plus:

    Application or Claim (with Court date of                                           )

    Affidavit or Statement (filed in Court on                                             )

    Other                                                                                                    

Fee paid by (The Maintenance Enforcement Regulation sets a fee of $50 for all requests for service.)

    Certified or Lawyer’s Trust Cheque       Cash                                 

    Debit Card                                               Money Order/Bank Draft

Person to be served

Name                                                                                                             

Address (if available)               (residence or employment)                           

Telephone number(s) including area code (if available)

  Home                              Work                              Cell                                

Person requesting service

Name                                                                                                             

Company/Law Firm                                                                                      

Address                                                                                                         

Telephone number(s) including area code                                                     

Date service requested                                                                                   

Signature                                                                                                        

Office Use Only
Date documents forwarded                                                                              

Address used                                                                                                    

Form 6
Maintenance Enforcement Support Agreement

COURT FILE NUMBER                                                    Clerk’s Stamp:

MEP FILE NUMBER

COURT OF QUEEN’S BENCH OF ALBERTA                                       

JUDICIAL CENTRE                                                                                   

RECIPIENT (Maintenance Creditor):                                                       

PAYOR (Maintenance Debtor):                                                               

DOCUMENT                               MAINTENANCE ENFORCEMENT
                                        SUPPORT AGREEMENT             

1.  This agreement requires the payment of support for a (former) spouse or adult interdependent partner. We, the Payor and Recipient, certify there has never been a court order previously granted requiring the Payor to pay spousal or adult interdependent partner support for the Recipient.

      This agreement requires the payment of support for the child(ren) named below. We, the Payor and Recipient, certify there has never been

                                          (a)    a court order, or

                                          (b)    an agreement under Part 5 of the Income and Employment Supports Act, the Parentage and Maintenance Act or the Income Support Recovery Act

           requiring the Payor to pay support to the Recipient for any of the children named below.

   (full name of child)                                         (birthdate (yyyy/mm/dd))   

2.       Previous Maintenance Enforcement Support Agreements

         a.        We have not previously made any Maintenance Enforcement Support Agreements between us relating to child, spousal or adult interdependent partner support,

         b.        This agreement replaces the Maintenance Enforcement Support Agreement previously made between us on      (yyyy/mm/dd)   , which was filed with the Court of Queen’s Bench, Judicial Centre of                     , on    (yyyy/mm/dd)    as Court Action No.      , or

         c.        This agreement supplements the Maintenance Enforcement Support Agreement previously made between us on    (yyyy/mm/dd)   , which was filed with the Court of Queen’s Bench, Judicial Centre of                          , on    (yyyy/mm/dd)    as Court Action No.      .  Where there is a conflict between the two agreements, the terms of this agreement will be used.

IT IS AGREED THAT:

3.     Guideline Income

                                   a.    The Payor’s annual income as calculated in accordance with the Child Support Guidelines is $                         .

                                   b.    The Recipient’s annual income as calculated in accordance with the Child Support Guidelines is $                      .

4.       Base Child Support

                                   a.    The Payor shall pay to the Recipient the sum of $                 per month for the support of the child(ren) named above.

                                   b.       Payment will be made on the              day of each month commencing    (yyyy/mm/dd)   , or

                    Payment will be made in two equal instalments of $           , payable on the               and                days of each month, commencing    (yyyy/mm/dd)   .

5.       Adjustment of Child Support by the Director of Maintenance Enforcement

           When the Director of Maintenance Enforcement is provided with evidence that satisfies the Director that one or more children named above are no longer financially dependent on the Recipient, or otherwise do not qualify for the collection of support under the policies of the Maintenance Enforcement Program, the Director will adjust the amount of support payable as follows:

         a.             If one child is no longer eligible for support collection, then the base child support payment shall be reduced to $             per month.

         b.             If          children are no longer eligible for support collection, then the base child support payment shall be reduced to $               per month.

6.       Additional Expenses Relating to the Child(ren)

         a.        Monthly Payments:

         In addition to the base child support payment, the Payor shall pay to the Recipient the sum of $              per month for additional expenses for the child(ren) on the           day of each month commencing      (yyyy/mm/dd)   , calculated as follows:

                                       (type of                                $(amount of      
    (name of            additional                                  payor’s           
       child)              expenses)                                 contribution)   

         Should the Recipient cease to incur any additional expense listed above, then the Payor shall no longer be required to contribute to that expense.

         b.        One-time or Yearly Payments:

         In addition to any other payments required by this agreement, the Payor shall pay to the Recipient the following additional expenses for the children:

                             (type of     $(amount of    payable       payable
  (name of    additional     payor’s            one time          yearly
    child)      expense)    contribution)   (yyyy/mm/dd)    (mm/dd)

         Should the Recipient cease to incur any additional expense listed above, then the Payor shall no longer be required to contribute to that expense.

7.       Termination of Child Support and Expenses

         The obligation of the Payor to pay child support and expenses for a child terminates

         a.        on the child no longer being considered a “child of the marriage” within the meaning of the Divorce Act (Canada),

         b.        on the child no longer being considered a “child” within the meaning of Part 3 of the Family Law Act, or

         c.                                                                                                      .

8.       Monthly Spousal or Adult Interdependent Partner Support

         a.             The Payor shall pay to the Recipient the sum of $            per month for the support of the Recipient.

         b.        Payment will be made on the            day of each month commencing    (yyyy/mm/dd)   , or

                    Payment will be made in two equal instalments of $           , payable on the             and                     days of each month, commencing    (yyyy/mm/dd)   .

9.       Termination of Spousal or Adult Interdependent Partner Support

         The obligation of the Payor to pay support for the Recipient terminates

       a.          on                      (yyyy/mm/dd)                                      , or

       b.                                                                                                      .

10.     One-time Spousal or Adult Interdependent Partner Support

         The Payor shall pay to the Recipient, for the support of the Recipient, a one-time payment of $             , payable on    (yyyy/mm/dd)   .

11.     Enforcement by the Director of Maintenance Enforcement

         It is intended that this agreement be registered with the Director of Maintenance Enforcement and that payments made under this agreement be made pursuant to the Maintenance Enforcement Act to the Director of Maintenance Enforcement.

12.     Date of Agreement

         This agreement is entered into on    (yyyy/mm/dd)    at    (city or town)   , Alberta.

  (address of Recipient)                                                                                 
  (signature of Recipient)        (yyyy/mm/dd)        (print name of Recipient)
  (signature of witness)            (yyyy/mm/dd)        (print name of witness)

   (address of Payor)                                                                                      
  (signature of Payor)              (yyyy/mm/dd)           (print name of Payor)  
  (signature of witness)          (yyyy/mm/dd)           (print name of witness)

Affidavit of Execution (Recipient)

         My name is:           (name of witness)                                                  
My address is:       (address of witness)                                               

         I make oath and say that I was personally present and did see    (name of Recipient)   , who is

                    personally known to me, or

                    known to me on the basis of photographic identification provided

         to be the person named herein, sign and execute the Maintenance Enforcement Support Agreement for the purpose named therein.

Sworn before me                                            )
on  __________________, 20____,              )
at                                        , Alberta              )                                       

___________________________                 )   Signature of Witness
A Commissioner for Oaths in and 

for the Province of Alberta

or a Notary Public

                                                                                  
Print or Stamp Name and Appointment Expiry Date

Affidavit of Execution (Payor)

         My name is:         (name of witness)                                                    
My address is:      (address of witness)                                                

         I make oath and say that I was personally present and did see    (name of Payor)   , who is

                    personally known to me, or

                    known to me on the basis of photographic identification provided

         to be the person named herein, sign and execute the Maintenance Enforcement Support Agreement for the purpose named therein.

Sworn before me                                            )
on  __________________, 20____,              )
at                                        , Alberta              )                                       

_____________________________             )   Signature of Witness
A Commissioner for Oaths in and 

for the Province of Alberta

or a Notary Public

 

                                                                                  
Print or Stamp Name and Appointment Expiry Date

AR 194/2004 s18;241/2008;227/2011