Can Child Support be Enforced in Canada?

Can Child Support be Enforced in Canada?

Dec 27, 2021, 4:12:59 PM Life and Styles

Children are mostly the victim after the termination of a relationship. They get neither the love of their mom or dad. Besides, if the children of a divorced couple are not financially capable, that means their life is fully ruined.

At this time, child support is the only thing that can help them. But the question that comes to your mind- Can child support be enforced in Canada? The answer is obviously YES.

Many things can happen to you if you don’t pay child support in Canada. Let’s discuss it in detail.

Can child support be enforced in Canada?

Child support is enforced by a government agency named Maintenance Enforcement Program in every province of Canada. This program also deals with spousal support.

In Edmonton, all these issues are solved by Alberta Maintenance Enforcement Program as a part of the Maintenance Enforcement program directed by the government of Canada. It directly enforces the child support payment.

It collects the child support payment from the payor parent and then pays it to the receiver. Besides, this agency also keeps records of this child support and spousal support.

If the payor parent disagrees to pay the child support, another parent can file a lawsuit against him/her with the help of this maintenance enforcement program. In that case, one needs to submit the separation agreement dealing with child support. Then, they will also help you get a support order from the court.

A support order is a legal document given by the court that enforces the payor partner or payor parent to pay the spousal support or child support. This order may be to pay child support, spousal support, or both.

A child support order can be enforced if the full amount of the payment is not paid by the payor parent. However, the separation agreement dealing with child support has to be written.  

Steps That Authority Can Take to Collect Child Support:

Suppose the payor parent does not agree to pay child support. In that case, maintenance enforcement programs can do many things to enforce the separation agreement dealing with child support, court order, and notice of calculation.

For doing this, the receiver or victim has to provide some updated information about the payor parent. The requirements are mostly the full name of the payor, address, place of employment or the address of his or her business, social insurance number, income, properties, and relevant information.

Here the authority takes different types of steps, which are given below in detail:  

Deduction of payment:

As a part of maintenance enforcement programs, the authority can deduct payment automatically from the wage or other incomes of the payor parent. For example, worker’s compensation, sales commission, income tax refund, sales commissions, pensions, severance pay, and all other of s/he has. 

The government of Canada completely directs child support. As the law of Canada is very strict, the maintenance enforcement program has the full authority to take every step to maintain the child and spousal support law.

After deducting the payment from the payor’s account, it will be given to the child's custodial parent. It can be another parent or any other family member selected for the children’s best interest.

Impose charges:

The maintenance enforcement program can impose a charge on the property of the payor parent if he doesn’t pay the full amount of child support. It can be either a charge or lien on properties.

At that time, the payor has to give the charge like debt. In addition, this charge can be on personal property or real estate.

Here, the authority of the maintenance enforcement program will ensure the receiver by conducting all the necessary tasks of imposing the charge directed by the court.

After completing all the payment processes, it will be given to the custodial parent. 

Bank account garnishment:

This one is another way used by the Provincial and Territorial Maintenance Enforcement Programs. Here, the authority will file a lawsuit against you and then take child support payment out of your bank account.

Your bank authority is not required to notify you unless the withdrawal needs any overdraft. It can be a little bit different, and you may have certain rights or protections according to the rules of your province.

However, in Edmonton, you don’t have that protection. The maintenance enforcement program can easily garnish your bank account. 

Suspensions of licenses:

Government can take any legal step if you are not agreed to pay child support. As a part of it, when you disagree to give the full payment amount, the maintenance enforcement program officer can suspend your different types of licenses by court notice. 

It includes suspending the payor’s driver’s license, passport, pilot license, and any federal license. That means, if you don’t pay the child support according to your separation agreement, you will not be able to move by using your vehicles.

Report to the organization:

After doing all these, the maintenance enforcement officer can also report to the organization where the payor works and from where his/her main income comes. There is a huge chance of being fired by the authority for this report.

These are mainly the ways that authority uses to collect child support payments. Besides, passport suspension, writ for seizing and selling property, seizing lottery winnings, etc., are also used in different situations.

In a nutshell:

Child support is undoubtedly significant when two spouses or partners end their relationship by divorce. However, some dishonest people try to avoid paying it.

But in Canada, there is no way to do that. One must pay it because child support can be enforced in Canada.

We have shown all the consequences of not paying child support. Hopefully, all the confusion is cleared after reading this article. Then again, if you have any further confusion regarding this, feel free to ask in the comment section.



Published by Rechard Jons

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