1. What Are Child Support Arrears?

2. What Does Alberta Law Say About Unpaid Child Support?

3. What Happens When Child Support Is Not Paid?

4. How Does the Enforcement Process Work?

5. What If the Payor Cannot Afford Child Support?

6. What If the Other Parent Says They Cannot Pay?

7. Does Stopping Child Support Affect Parenting Time?

8. What If the Payor Moves Outside Alberta?

9. Common Mistakes to Avoid

10. Costs and Timelines

11. When Should You Speak With a Family Lawyer?

12. How Bridgestone Law Can Help

    
    

Introduction

When a parent stops paying child support, the unpaid amounts do not simply disappear. In Alberta, missed payments generally become child support arrears, meaning support that was due but has not been paid. If the support obligation is registered with Alberta's Maintenance Enforcement Program (MEP), MEP can take steps to collect the overdue amount, including wage garnishment, deductions from certain other funds, property registrations, license restrictions, credit reporting and, in appropriate circumstances, court proceedings.

For a parent who is receiving child support, missed payments can create immediate financial pressure and uncertainty. For a parent who is falling behind because of job loss, reduced income or another significant change in circumstances, continuing to ignore the problem can make the situation more difficult.

The appropriate response depends on the circumstances. A recipient may need help understanding how unpaid support can be enforced, while a payor who can no longer afford the existing amount may need to address the underlying support obligation rather than simply stop making payments.

What Are Child Support Arrears?

Child support arrears are amounts of child support that were due but were not paid on time.

For example, if a parent is required to pay $1,200 per month and misses three payments, the unpaid $3,600 generally becomes an arrears balance. The amount can continue to grow if further payments are missed.

Arrears can also be subject to interest and penalties in accordance with the applicable enforcement rules. This means that falling behind on support can become increasingly difficult to resolve if the problem continues.

A parent may fall into arrears for different reasons. Some parents deliberately refuse to pay, while others experience unemployment, reduced income, illness or another financial difficulty. The reason for the missed payments may be relevant when determining what should happen next, but a financial problem does not automatically cancel an existing support obligation.

What Does Alberta Law Say About Unpaid Child Support?

Alberta has a system specifically designed to enforce support obligations called the Maintenance Enforcement Program, commonly referred to as MEP.

MEP collects and enforces certain court-ordered child support and other support obligations. A support order or qualifying agreement can be registered with MEP so that the program can administer payments and take enforcement action when required.

MEP's role is enforcement. It does not act as the lawyer for either parent, and it generally cannot change the amount of child support ordered by a court.

This distinction matters when a parent's circumstances have changed. If a payor loses their job or experiences a substantial reduction in income, they should not assume that MEP can simply reduce the monthly payment. Depending on the circumstances, a variation of the support order may be necessary.

In other words, enforcing child support and changing child support are separate issues.

What Happens When Child Support Is Not Paid?

The consequences of unpaid child support depend on the circumstances of the file, including the amount owing, the payment history, the payor's financial circumstances and the enforcement measures available to MEP.

MEP has a range of tools that may be used to collect overdue support.

Wages may be garnished

One of the most common enforcement measures is a wage deduction.

MEP can issue a Wage Support Deduction Notice requiring an employer to deduct money from a payor's wages and send the amount to MEP.

The Government of Alberta states that wage deductions can be as much as 40 per cent of gross wages or salary, depending on the circumstances.

For a payor who is employed, wage garnishment can therefore have a significant effect on their take-home income.

Bank accounts and other funds may be affected

MEP can also pursue certain non-wage sources of money.

Depending on the circumstances, enforcement can affect funds held in bank accounts and certain other payments, including commissions, contract fees, inheritances and other amounts payable to the payor.

This means that being unemployed does not necessarily mean that a person has no funds that can be subject to enforcement.

Tax refunds may be collected

Where a payor has outstanding support arrears, certain funds payable by the federal government may be redirected through the enforcement process.

This can include income tax refunds.

A person with significant child support arrears therefore should not assume that a future tax refund will necessarily be available to them.

Property may be affected

MEP can take steps involving property in appropriate circumstances.

This can include registering against real property and filing a writ at the Alberta Personal Property Registry. Depending on the circumstances and available equity, enforcement can also involve seizure and sale of certain property.

These measures can become particularly important where a payor has limited income but owns significant assets.

A driver's license may be suspended

Driver's license suspension is another enforcement measure available to MEP.

The process involves notice to the payor, and certain enforcement restrictions may be removed where satisfactory payment arrangements are made.

For someone who relies on driving for employment or family responsibilities, a license suspension can have serious practical consequences.

Motor vehicle services may be restricted

MEP can also impose restrictions affecting certain motor vehicle registry services.

Depending on the circumstances, this may prevent a payor from completing certain transactions involving a driver's license or vehicle registration.

Hunting and fishing licenses may be restricted

MEP can restrict access to recreational hunting and fishing licences as another enforcement measure.

Credit reporting may be affected

Maintenance arrears and payment history can be reported to a credit bureau.

This means that unpaid child support may affect a person's financial position beyond the immediate debt.

Federal licenses may be affected

In appropriate circumstances, MEP can request federal license denial. This can include restrictions relating to passports and certain other federally issued licences.

Court action may follow

If other enforcement measures have not resolved the arrears, the matter can proceed to court in appropriate circumstances.

A payor may be summoned to a default hearing before an Applications Judge of the Court of King's Bench. At such a hearing, the payor may be required to provide information about their finances and explain why the support obligation has not been paid.

Depending on the circumstances, the court may make orders concerning payment of the arrears or other enforcement consequences. Imprisonment for willful default is also possible in appropriate cases.

A person who receives a summons or other court document relating to child support arrears should take it seriously and obtain legal advice where appropriate.

How Does the Enforcement Process Work?

There is no single sequence that applies to every MEP file. Enforcement measures can vary depending on the circumstances and may change as payments are made or additional information becomes available.

Generally, the process involves several stages.

1. A payment becomes overdue

The payor is required to make support payments according to the applicable court order or agreement.

If the required amount is not received, the payment may become part of the arrears balance.

2. Arrears accumulate

When missed payments continue, the amount owing increases.

Interest and applicable penalties may also apply.

The longer a payment problem continues, the larger the arrears can become.

3. MEP may take enforcement action

MEP can use the enforcement measures available to it to collect overdue support.

The particular action taken depends on factors such as the amount owing, payment history, employment information and the payor's financial circumstances.

4. The payor may make payment arrangements

A payor who cannot immediately clear the entire arrears balance may be able to work with MEP on a payment arrangement.

MEP may require financial information before determining whether an arrangement is appropriate.

A payment arrangement does not necessarily eliminate the existing debt. It is a way of addressing the outstanding balance while continuing to meet the underlying support obligation.

5. A separate legal process may be required

If the payor believes that the amount of ongoing child support should be changed, MEP generally cannot make that decision itself.

A variation or other court process may be required, depending on the circumstances.

This is one reason why a payor who experiences a significant change in income should address the situation promptly rather than simply stopping payments.

What If the Payor Cannot Afford Child Support?

A parent who genuinely cannot afford the existing child support amount may have legal options, but simply stopping payments is unlikely to resolve the problem.

For example, a parent may lose their employment shortly after a support order is made. Another parent may experience a substantial and lasting reduction in income because of a change in employment.

The first step is to address the immediate payment problem. MEP encourages payors who cannot make their payments to contact the program and provide the requested financial information.

The second question is whether the underlying support order should change.

Child support is generally based on factors including the parents' incomes and the applicable child support rules. When a significant change occurs, the existing order may no longer reflect the appropriate amount.

Depending on the circumstances, the payor may need to apply to court to vary the support order.

It is important not to assume that a variation will automatically be granted or that it will necessarily eliminate arrears that have already accumulated. Those issues depend on the facts and the applicable legal rules.

What If the Other Parent Says They Cannot Pay?

A recipient does not have to decide whether the payor's explanation is legally sufficient.

If the support obligation is registered with MEP, the recipient can provide relevant information to MEP that may assist with enforcement.

For example, information about a payor's employment, income, assets or location may be relevant to the collection process.

If there is a disagreement about whether the amount of child support should change, whether arrears should be reduced or whether another court order is required, the parties may need legal advice.

Does Stopping Child Support Affect Parenting Time?

Child support and parenting time are separate legal issues.

A parent generally cannot withhold parenting time because the other parent has failed to pay child support. Similarly, a parent generally cannot stop paying child support because they believe the other parent is interfering with parenting time.

For example, if a father has stopped receiving scheduled parenting time, that does not generally give him the right to stop making court-ordered support payments.

The parenting-time issue should be addressed separately through the appropriate family-law process.

Keeping the two issues separate can prevent an existing disagreement from becoming a larger dispute involving both support and parenting arrangements.

What If the Payor Moves Outside Alberta?

Moving outside Alberta does not necessarily prevent child support from being enforced.

Alberta has reciprocal enforcement arrangements with Canadian provinces and territories, U.S. jurisdictions and a number of other countries.

Where a payor moves outside Alberta, MEP may work with the enforcement authority in the jurisdiction where the payor now lives.

The specific procedure depends on the jurisdiction involved and the nature of the support order.

Practical Examples

A parent loses their job

Suppose a parent is required to pay $1,500 per month in child support and loses their job.

If they simply stop paying, the arrears can continue to accumulate. MEP may also continue enforcement efforts.

The parent should address the financial change promptly. Depending on the circumstances, this may involve communicating with MEP about the immediate payment problem and seeking a variation of the support order.

A payor has no job but has savings

A parent may be unemployed but still have money in a bank account or receive other funds.

The absence of employment income does not necessarily prevent MEP from pursuing collection. Non-wage enforcement measures can apply to certain other sources of funds.

A parent stops paying because parenting time has changed

Suppose a parent believes that the other parent is preventing them from seeing their child and decides to stop paying support.

The two issues remain separate. The parent may need to address the parenting-time dispute through the appropriate legal process, but stopping child support does not generally resolve that dispute.

A payor receives an inheritance

Suppose a parent with significant support arrears receives an inheritance.

An inheritance can be one of the types of funds that may be subject to non-wage enforcement. The existence of an inheritance may therefore affect the collection of outstanding support.

A payor moves to another province

Moving from Alberta to another Canadian province does not necessarily end the enforcement process.

Reciprocal enforcement arrangements allow support orders to be enforced across provincial and territorial boundaries, subject to the applicable procedures.

Common Mistakes to Avoid

1. Simply stopping payments

A change in income does not automatically change a child support order.

If the existing order requires a particular payment, stopping payments can result in arrears and enforcement action.

2. Waiting until the arrears become substantial

A small payment problem can become a significant debt if it continues for months or years.

Addressing the problem early may provide more options than waiting until enforcement measures have escalated.

3. Assuming MEP can change the support amount

MEP's role is to enforce support obligations. It generally cannot reduce the amount ordered by a court.

If the underlying amount is no longer appropriate, a separate legal process may be necessary.

4. Using child support as leverage in a parenting dispute

Child support should not generally be used as a bargaining tool in a disagreement about parenting time.

The two issues are legally distinct and may need to be addressed through different processes.

5. Ignoring MEP correspondence

Notices, requests for financial information and other communications from MEP should not be ignored.

Failing to respond can make it more difficult to resolve the issue and may allow enforcement measures to continue.

6. Assuming moving will stop enforcement

Moving to another province or country does not necessarily eliminate a support obligation.

Alberta participates in reciprocal enforcement arrangements with numerous jurisdictions.

7. Assuming financial hardship automatically eliminates arrears

A payor's financial circumstances may be relevant to a court's consideration of support and arrears, but financial hardship does not automatically erase amounts that have already become due.

The appropriate legal remedy depends on the circumstances.

Costs and Timelines

The cost and timeline involved in dealing with unpaid child support depend heavily on the circumstances.

MEP itself administers the enforcement process, while legal fees can arise if a parent requires legal advice, negotiation or a court application.

Potential costs may include:

• legal fees for advice, negotiation or court proceedings;

• court filing fees where a court application is required;

• costs associated with serving documents;

• fees or expenses relating to obtaining financial or other records; and

• other court or legal disbursements that may arise from the particular matter.

There is no single timeline for collecting child support arrears. Some arrears may be recovered relatively quickly through wage deductions or other enforcement measures. More complicated matters can take considerably longer, particularly where the payor is self-employed, difficult to locate, has assets that require further investigation, lives outside Alberta or disputes the amount owing.

Similarly, a court application to change support or address arrears can take time and will depend on the nature of the application and the circumstances of the parties.

When Should You Speak With a Family Lawyer?

Not every missed child support payment requires a lawyer. There are, however, circumstances where legal advice can be particularly helpful.

Consider speaking with a family lawyer if:

• significant child support arrears have accumulated;

• MEP has begun substantial enforcement action;

• you have received a summons for a default hearing;

• your income has changed significantly;

• you are self-employed or operate a corporation;

• you believe the existing support order is no longer appropriate;

• the other parent disputes the amount owing;

• the payor lives outside Alberta;

• there are additional disputes involving parenting time or section 7 expenses;

• you are unsure whether an existing order can or should be changed; or

• you need to understand your options before responding to an enforcement or court process.

For a recipient, legal advice may help clarify what enforcement options are available and whether additional court proceedings may be appropriate.

For a payor, legal advice may help determine whether the existing support obligation should be varied, how arrears should be addressed and how to respond to enforcement or court proceedings.

How Bridgestone Law Can Help

Bridgestone Law assists individuals and families in Calgary and throughout Alberta with family-law matters, including child support and related enforcement issues.

If child support payments have stopped, or you are a payor who is struggling to comply with an existing support order, Bridgestone Law can help you understand the legal issues and identify the appropriate next steps.

Depending on the circumstances, that may involve addressing enforcement through the Maintenance Enforcement Program, negotiating a practical resolution, or applying to court where the existing support order needs to be reviewed or changed.

Understanding the options early can help prevent a difficult payment problem from becoming a more complicated legal dispute.