O.C. 412/2004
A.R. 194/2004
September 8, 2004
The Lieutenant Governor in Council makes the Maintenance Enforcement Amendment Regulation set out in the attached Appendix.
For Information only
Recommended by: Minister of Justice and Attorney General
Authority: Maintenance Enforcement Act
(section 45)
APPENDIX
Maintenance Enforcement Act
MAINTENANCE ENFORCEMENT
AMENDMENT REGULATION
1 The Maintenance Enforcement Regulation (AR 2/86) is amended by this Regulation.
2 Section 1 is amended
(a) by repealing clauses (a.1) and (b):
(b) by repealing clause (c) and substituting the following:
(c) “support deduction notice” means a support deduction notice issued under section 17 of the Act;
(c) in clause (d) by adding the following after subclause (i):
(i.1) a type of remuneration that, in the opinion of the Director, is equivalent to wages or salary.
3 Section 2 is amended
(a) in repealing subsection (3) and substituting the following:
(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.
(b) by adding the following after subsection (3):
(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.
4 Section 2.2 is amended
(a) in subsection (1) by striking out “15(c)” and substituting “15(3)(e)”;
(b) in subsection (1)(a) by striking out “of a debtor in arrears”;
(c) in subsection (1)(f) by striking out “, or” at the end of subclause (ii), repealing subclause (iii) and substituting the following:
(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, Child Welfare Act or Part 5 of the Income and Employment Supports Act;
(d) by adding the following after subsection (1)(f):
(g) the Ethics Commissioner for the purposes of carrying out his or her duties and functions under the Conflicts of Interest Act.
(e) in subsection (2)(d) and (5) by striking out “whether any of the arrears are subrogated to the Crown and, if so, the amount” and substituting “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”;
(f) in subsection (4) by striking out “Reciprocal Enforcement of Maintenance Orders Act” and substituting “Interjurisdictional Support Orders Act”;
(g) in subsection (4)(b) by adding “, cell phone number, e-mail address” after “work telephone number”.
5 Section 3 is repealed.
6 Section 5 is amended
(a) in subsection (2.01) by striking out “17(4)” and substituting “17(2)”;
(b) by adding the following after subsection (3):
(3.1) In addition to the means of service provided for in subsection (3), a request by the Director for information to be provided under section 13 of the Act may be served by telecopier, by electronic mail or by ordinary mail.
(c) by repealing subsection (8) and substituting the following:
(8) 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 a filed copy 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 Section 7 is amended
(a) by repealing subsections (1), (1.1) and (2) and substituting the following:
Forms
7(1) A statement of finances required to be filed by a debtor under the Act must be in Form 1.
(b) in subsection (3) by striking out “Form 4” and substituting “Form 2”;
(c) in subsection (4) by striking out “Form 5” and substituting “Form 3”;
(d) in subsection (5) by striking out “Form 6” and substituting “Form 4”;
(e) in subsection (6) by striking out “Form 7” and substituting “Form 5”;
(f) in subsection (7) by striking out “Form 8” and substituting “Form 6”.
8 Section 8 is repealed.
9 Sections 9 to 12 and 15 to 18 are amended by striking out “notice of continuing attachment” wherever it occurs and substituting “support deduction notice”.
10 Section 12(3) is repealed.
11 Sections 13 and 14 are repealed and the following is substituted:
Exemption
13(1) In this section, “gross wages or salary” means the amount of wages or salary payable before any mandatory or voluntary deductions, and includes holiday pay, vacation pay, bonus or incentive-based pay and overtime pay, but does not include termination or severance pay.
(2) Subject to subsection (4), if the money bound under a support deduction notice is payable to a debtor as wages or salary, 60% of the gross wages or salary is exempt from attachment during each month.
(3) The debtor or the Director on 2 days’ notice to the Director and the creditor may apply to the Court of Queen’s Bench for an order increasing or decreasing the exemption under subsection (2).
(4) The debtor and the Director may agree that the exemption referred to in subsection (2) shall be less than 60%.
12 Section 16 is amended
(a) in subsection (1) by striking out “5 years” and substituting “12 years”;
(b) by repealing subsection (5).
13 Section 18 is amended
(a) in subsection (3) by striking out “13(2.1)” and substituting “17(3)” and by striking out “13(2.2)” and substituting “17(4)”;
(b) in subsection (4) by striking out “17(6)” and substituting “17(4)”.
14 Section 19 is repealed.
15 Section 20 is amended by striking out “Reciprocal Enforcement of Maintenance Orders Act” and substituting “Interjurisdictional Support Orders Act”.
16 The following is added after section 22:
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.
17 The following is added after section 23:
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 subsection 25.1(1)(a) of the Act, $25 per month;
(b) for failing to file a statement of finances in accordance with subsection 25.1(1)(b) of the Act, $200;
(c) for each dishonoured or stopped payment under subsection 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.
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.
18 The Forms are repealed and the Schedule to this Regulation is substituted.
19(1) Sections 2, 6, 7, 8, 9, 10, 11, 12, 13 and 18 of this Regulation come into force on the coming into force of sections 2(a) and 12 of the Maintenance Enforcement Amendment Act, 2004.
(2) Section 16 of this Regulation comes into force on the coming into force of section 7 of the Maintenance Enforcement Amendment Act, 2004.
(3) Section 17 of this Regulation comes into force on the coming into force of section 16 of the Maintenance Enforcement Amendment Act, 2004.
Schedule
Form 1
Statement of Finances
COURT FILE NO:
MEP ACCOUNT NO:
IN THE COURT OF QUEEN’S BENCH OF ALBERTA
JUDICIAL DISTRICT OF
BETWEEN:
- and -
Statement of Finances
I, __________ of __________, Alberta, MAKE OATH AND SAY:
1. THAT I am the debtor in this matter;
2. THAT I have made a full and complete disclosure of my present financial situation in this Affidavit;
3. THAT all the information contained in this Affidavit is true and accurate.
SWORN BEFORE ME at the of )
, in the Province of Alberta, the )
day of , . )
) (signature of debtor)
(Commissioner for Oaths )
in and for the Province of Alberta) )
Print or Stamp Name and Appointment Expiry Date
COURT FILE NO:
MEP ACCOUNT NO:
Affidavit
(Please print)
A Debtor Information
(last name) (first name) (middle name) (birthdate)
(present address (mailing address)) (area code) (home phone no.)
(city) (province) (postal code) (e-mail address) (day time phone no.)
(street address or land description (if different from mailing address))
(social (driver’s (Alberta Health Care
insurance no.) licence no.) Insurance no.) (fax no.)
(list your trade, profession or occupation) (cell phone no.)
Are you a member of a Union? Yes No
If yes, which local(s)?
B Income (If income is from self-employment see section “C”)
(name of present employer) (area code) (business phone no.)
(street address) (fax no.)
(city) (province) (postal code) (e-mail address)
(nature of business) (position held)
(gross monthly wages or salary) $ (net monthly wages or salary) $
(name of previous employer) (area code) (business phone no.)
(street address) (fax no.)
(city) (province) (postal code) (e-mail address)
(nature of business) (position held)
(gross monthly wages or salary) $ (net monthly wages or salary) $
What is your annual bonus from your employer? $
How much money do you receive from commission work? $
How much of a raise will you be receiving this year, and when? $
How much money do you receive from other part-time employment? $
(provide name, street address, telephone no. of all part-time employers)
How much money do you receive from income producing hobbies? $
Add all other income (dividends, rental income, annuities, pensions, etc.)
$
Annual income tax and/or G.S.T. rebates $
Any 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 Notice of Assessment:
Taxation Year Net Taxable Income
C Income from Self-Employment
List any business 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 Telephone No.
(type of business) (name of business) (telephone no.)
(business location) (street address)
(city) (province) (postal code) (e-mail 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 below:
Salary $
Bonuses $
Dividends $
Other (automobile allowances, expenses, etc.). Describe:
$
$
$
Itemize other benefits (company car, house, loans, savings plans,
share purchase options, etc.):
Describe Benefit: Value:
$
$
$
Total Income $
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 Professional
Private 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 (describe type and class of shares):
(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. below):
Type of Debt |
To Whom Payable |
Amount Outstanding |
Monthly Payment |
Amount Paid by You |
|
|
$ |
$ |
$ |
|
|
$ |
$ |
$ |
|
|
$ |
$ |
$ |
|
|
$ |
$ |
$ |
TOTAL MONTHLY EXPENSES $
E Dependents
List the members of your household who are financially dependent on you:
Name of Dependent Date of Birth Relationship to you
List all orders or agreements requiring you to pay child or spousal maintenance:
Date of Order/Agreement Amount Payable Person Payable Arrears
per Month To
$ $
F Assets
BANK ACCOUNTS: List chequing and savings accounts, term deposits, annuities, etc.
Type of Deposit Name of Account No. Branch Address Amount Institution
$
$
RETIREMENT SAVINGS PLANS: Provide information about all RRSPs, LIRAs, LIFs, LRIFs, pensions, etc.
Type of Plan Financial Branch Account No. Current Value Institution Address
$
$
REAL ESTATE: Fill in the required information below regarding all real estate (homes, rental properties, cottages, condominiums, etc.) inside and outside Alberta in which you own an interest.
Municipal Address |
Legal Description |
Purchase Price |
Balance Owing |
Current Market Value |
1. |
$ |
$ |
$ | |
2. |
$ |
$ |
$ |
List the name and address of the mortgagee or lender for each property described above.
1.
2.
MOTOR VEHICLES, ETC: Fill in the requested information regarding all motor vehicles (cars, trucks, farm machinery, construction equipment, recreational vehicles, aircraft, etc.) in which you own an interest.
Type - Make Model - Year |
Serial No. |
Purchase Price |
Balance Owing |
Current Market Value |
Equity |
1. |
$ |
$ |
$ |
||
2. |
$ |
$ |
$ |
SECURITIES: List your shares, bonds, etc., and their current market value below.
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(s)
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 Company |
Policy No. |
Amount |
Person Insured |
Premium |
Cash Surrender Value |
$ | |||||
$ |
H Trusts
List all properties or interests held by a trustee on your behalf. Describe the asset being held, the location of the asset and the name and address of the Trustee.
Description of Assets Held |
Location of Assets |
Name and Address of Trustee |
I Parties Who Owe You Money
List all parties who owe you money.
Name |
Address |
Reason for Debt |
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 |
Phone No. |
Status of Court Action |
$ |
|||||
$ |
Have you settled a lawsuit for a sum of money that has not been
paid yet? Yes No
(amount owing) (payment date) (your lawyer’s name)
(lawyer’s address) (lawyer’s telephone no.)
Status of court action (if any):
Have you applied for any benefit, refund, compensation, grant, settlement or other funds from any government department or program? Yes No
Government Department or Program |
Amount Applied For |
Reasons 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 type, value and location of other assets (whether solely or jointly owned) below.
Type of Asset |
Description |
Sole Owner |
Location |
Value |
YESNO |
$ | |||
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, etc.) |
$ | |||
Other assets not previously listed |
$ |
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 of Property |
To Whom Transferred |
Date of Transfer |
How much money was received by you? |
$ | |||
$ |
Notice to Debtor
TO |
COURT FILE NO. |
TAKE NOTICE THAT you are hereby required to provide to the Maintenance Enforcement Program within fifteen (15) days of the service of this Notice a full and complete statement of your financial situation by completing this document. Section 25.1 of the Maintenance Enforcement Act states in part: 25.1(1) If... (b) a debtor fails to file a statement of finances with the Director pursuant to section 24, the Director may require the debtor to pay a charge in an amount set in the regulations. (2) A charge payable under subsection (1) may be collected in the same manner as maintenance may be enforced under this Act. (3) A debtor who is required to pay a charge under subsection (1) for failing to file a statement of finances with the Director may not be charged under section 26 with an offence in respect of that contravention. |
IN THE COURT OF QUEEN’S BENCH OF ALBERTA JUDICIAL DISTRICT OF BETWEEN - and - STATEMENT OF FINANCES |
Section 24 of the Maintenance Enforcement Regulation provides in part: (b) for failing to file a statement of finances in accordance with subsection 25.1(1)(b) of the Act, $200; |
MAINTENANCE ENFORCEMENT PHONE: (780) 422-5555* FAX: (780) 401-7575 * Dial 310-0000 first for toll-free access from anywhere in Alberta |
|
Section 26 of the Act states in part: 26(1) A debtor who (a) does not file a statement of finances in accordance with this Act, or (b) knowingly gives false information in a statement of finances filed with the Director or the Court of Queen’s Bench is guilty of an offence and liable to a fine of not more than $2000 or to imprisonment for a term of not more than 3 months, or to both. |
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: (check all that apply and attach 2 copies of each)
order allowing substitutional service on the Director
Notice of Motion, returnable
Affidavit, filed
Other:
Service to: Please effect service on the following person:
NAME:
ADDRESS (if available): (residence) or (employment)
TELEPHONE NUMBER (if available): Home: Work:
Person Requesting Service:
NAME:
COMPANY/LAW FIRM:
ADDRESS:
TELEPHONE NUMBER:
DATE SERVICE REQUESTED:
Signature:
Fee: The Maintenance Enforcement Regulation sets a fee of $50 for all requests for service. Fee paid by:
Cheque Cash
Debit Card Money Order
OFFICE USE ONLY
Date Documents Forwarded:
Address Used:
Form 6
COURT OF QUEEN’S BENCH OF ALBERTA
ACTION NO. ____________________
JUDICIAL DISTRICT OF ____________________
Maintenance Enforcement Support Agreement
1. BETWEEN: , the Recipient (Creditor)
- and -
, the Payor (Debtor)
2. This agreement requires the payment of support for a (former) spouse or adult interdependent partner. We, the Payor and Recipient, certify that 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 that there has never been an agreement under the Parentage and Maintenance Act, the Income Support Recovery Act, Part 5 of the Income and Employment Supports Act or a court order under any legislation requiring the Payor to pay support to the Recipient for any of the children named below.*
Full Name of Child Birthdate (yyyy/mm/dd)
/ /
/ /
/ /
* This agreement cannot vary the terms of an agreement made under the Parentage and Maintenance Act, the Income Support Recovery Act, Part 5 of the Income and Employment Supports Act or of any court order.
3. Previous Maintenance Enforcement Support Agreements
a. We have not previously made any Maintenance Enforcement Support Agreement between us relating to child, spousal or adult interdependent partner support, or
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 District 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 District of , on (yyyy/mm/dd) as Court Action No. . Where there is a conflict between the 2 agreements, the terms of this agreement will be used.
IT IS AGREED THAT:
4. Guideline Income
a. The Payor’s annual income as calculated in accordance with the Federal Child Support Guidelines is $ .
b. The Recipient’s annual income as calculated in accordance with the Federal Child Support Guidelines is $ .
5. 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 2 equal instalments of $ , payable on the and days of each month, commencing (yyyy/mm/dd) .
6. 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 2 children are no longer eligible for support collection, then the base child support payment shall be reduced to $ per month.
c. If 3 children are no longer eligible for support collection, then the base child support payment shall be reduced to $ per month.
7. Additional Expenses Relating to the Child(ren)
a. Monthly Payments:
(i) 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:
(ii) Name of Child Nature of Additional Amount of
Expense Payor’s
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. Lump Sum or Annual 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:
Name of Child |
Nature of Additional Expense |
Amount of Payor’s Contribution |
Payable When? | |
|
|
$ |
one-time lump sum payable (yy/mm/dd) |
payable annually each (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.
8. Termination of Child Support and Expenses
The obligation of the Payor to pay child support and expenses for a child shall terminate:
a. on the child no longer being considered a “child of the marriage” within the meaning of the Divorce Act, or
b.
.
9. 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 2 equal monthly instalments of $ , payable on the and days of each month, commencing (yyyy/mm/dd) .
10. Termination of Spousal or Adult Interdependent Partner Support
The obligation of the Payor to pay support for the Recipient shall terminate:
a. on (yyyy/mm/dd) , or
b. .
11. Lump Sum Spousal or Adult Interdependent Partner Support
The Payor shall pay to the Recipient, for the support of the Recipient, a lump sum of $ , payable on (yyyy/mm/dd) .
12. 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.
13. Date of Agreement
This agreement is entered into on (yyyy/mm/dd) at (City or Town) , Alberta.
Signature of Recipient |
Date (yyyy/mm/dd) |
Print Name of Recipient |
Address of Recipient | ||
Signature of Witness |
Date (yyyy/mm/dd) |
Print Name of Witness |
Signature of Payor |
Date (yyyy/mm/dd) |
Print Name of Payor |
Address of Payor | ||
Signature of Witness |
Date (yyyy/mm/dd) |
Print Name of Witness |
Before this agreement can be registered with the Maintenance Enforcement Program, it must be filed by the Recipient or Payor with the Court of Queen’s Bench of Alberta. The Maintenance Enforcement Act also requires that notice of the filing be given to the other party before the agreement can be enforced.
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
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 at the of )
, in the Province of Alberta, the )
day of , . )
) (witness signature)
(Commissioner for Oaths )
in and for the Province of Alberta) )
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 Recipient) , who is:
personally known to me
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 at the of )
, in the Province of Alberta, the )
day of , . )
) (witness signature)
(Commissioner for Oaths )
in and for the Province of Alberta) )
Print or Stamp Name and Appointment Expiry Date
COURT OF QUEEN’S BENCH OF ALBERTA
ACTION NO. ____________________
JUDICIAL DISTRICT OF ____________________
Maintenance Enforcement Support Agreement
This agreement was filed in the Court of Queen’s Bench by the following person:
(Name)
(Address for service)
(Address for service)
(Address for service)
(Phone number)
(Fax number)