MAINTENANCE ENFORCEMENT REGULATION

Transcription

1 Province of Alberta MAINTENANCE ENFORCEMENT ACT MAINTENANCE ENFORCEMENT REGULATION Alberta Regulation 2/1986 With amendments up to and including Alberta Regulation 235/2018 Current as of December 12, 2018 Office Consolidation Published by Alberta Queen s Printer Alberta Queen s Printer Suite 700, Park Plaza Avenue Edmonton, AB T5K 2P7 Phone: Fax: qp@gov.ab.ca Shop on-line at

2 Copyright and Permission Statement Alberta Queen's Printer holds copyright on behalf of the Government of Alberta in right of Her Majesty the Queen for all Government of Alberta legislation. Alberta Queen's Printer permits any person to reproduce Alberta s statutes and regulations without seeking permission and without charge, provided due diligence is exercised to ensure the accuracy of the materials produced, and Crown copyright is acknowledged in the following format: Alberta Queen's Printer, 20.* *The year of first publication of the legal materials is to be completed. Note All persons making use of this consolidation are reminded that it has no legislative sanction, that amendments have been embodied for convenience of reference only. The official Statutes and Regulations should be consulted for all purposes of interpreting and applying the law.

3 (Consolidated up to 235/2018) 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25 Service fees Schedule Definitions 1 In this Regulation, (a) Act means the Maintenance Enforcement Act; (a.1), (b) repealed AR 194/2004 s2;

4 Section 2 MAINTENANCE ENFORCEMENT REGULATION (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. 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, (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. 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

5 Section 2.2 MAINTENANCE ENFORCEMENT REGULATION (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: 3

6 Section 2.2 MAINTENANCE ENFORCEMENT REGULATION (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, 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/ Repealed AR 194/2004 s5. 4

7 Section 4 MAINTENANCE ENFORCEMENT REGULATION 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. 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, 5

8 Section 6 MAINTENANCE ENFORCEMENT REGULATION (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. 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. 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. s7;151/89;29/2000;251/2001;32/2004;194/ Repealed AR 194/2004 s8. 6

9 Section 9 MAINTENANCE ENFORCEMENT REGULATION 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. 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. 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, 7

10 Section 12 MAINTENANCE ENFORCEMENT REGULATION 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. 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. 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. s13;194/2004;241/ 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 8

11 Section 16 MAINTENANCE ENFORCEMENT REGULATION (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. 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. 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. s17;348/94;194/2004 9

12 Section 18 MAINTENANCE ENFORCEMENT REGULATION 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/ 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. 10

13 Section 22 MAINTENANCE ENFORCEMENT REGULATION (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, (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. 11

14 Section 23 MAINTENANCE ENFORCEMENT REGULATION (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), and (i) the name, date of birth, mailing address, phone number, telecopier number, 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, (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 12

15 Section 24 MAINTENANCE ENFORCEMENT REGULATION (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, $40 per month; (b) for failing to file a statement of finances in accordance with section 25.1(1)(b) of the Act, $205; (c) for each dishonoured or stopped payment under section 25.1(1)(c) of the Act, $51.50; (d) for each payment accepted by a creditor and not reported in accordance with section 2(3) of this Regulation, $ AR 194/2004 s17;241/2008;112/2017 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 $205 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 $51.50 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;112/ Repealed AR 235/2018 s2. 13

16 Schedule MAINTENANCE ENFORCEMENT REGULATION 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 $205 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.) (city) (province) (postal code) ( address) (area (daytime code) phone no.) 14

17 Schedule MAINTENANCE ENFORCEMENT REGULATION (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) ( address) (nature of business) (position held) (start date) $(gross monthly wages or salary) (name of previous employer #1) (present address (street address)) $(net monthly wages or salary) (area code) (business phone no.) (area code) (fax no.) (city) (province) (postal code) ( 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) (present address (street address)) (area code) (business phone no.) (area code) (fax no.) (city) (province) (postal code) ( 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? $ 15

18 Schedule MAINTENANCE ENFORCEMENT REGULATION 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) ( address) Is this business a: proprietorship joint venture partnership 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? $ 16

19 Schedule MAINTENANCE ENFORCEMENT REGULATION 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 private corporation professional 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 17

20 Schedule MAINTENANCE ENFORCEMENT REGULATION 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) E. Dependants TOTAL MONTHLY EXPENSES $ 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 18

21 Schedule MAINTENANCE ENFORCEMENT REGULATION (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) 19

22 Schedule MAINTENANCE ENFORCEMENT REGULATION 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) (your lawyer s name) (area code) (phone no.) $(amount claimed) (address) (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) (registration number of debt) (name and address of owner) (description of property) (serial no. of property) 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) (address of executor/administrator) (name of lawyer acting for estate) (name of executor/administrator) $(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 20

23 Schedule MAINTENANCE ENFORCEMENT REGULATION 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. 21

24 Schedule MAINTENANCE ENFORCEMENT REGULATION 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. 22

25 Schedule MAINTENANCE ENFORCEMENT REGULATION DATED this day of, 20. Form 5 (Director of Maintenance Enforcement) 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 $51.50 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: 23

26 Schedule MAINTENANCE ENFORCEMENT REGULATION 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: 24

27 Schedule MAINTENANCE ENFORCEMENT REGULATION 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) 25

28 Schedule MAINTENANCE ENFORCEMENT REGULATION 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.. 26

29 Schedule MAINTENANCE ENFORCEMENT REGULATION 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 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 (name Print or Stamp Name and Appointment Expiry Date 27

30 Schedule MAINTENANCE ENFORCEMENT REGULATION Affidavit of Execution (Payor) My name is: My address is: (name of witness) (address of witness) I make oath and say that I was personally present and did see 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 (name Print or Stamp Name and Appointment Expiry Date AR 194/2004 s18;241/2008;227/2011;112/

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