By Emily Gore
After a divorce or the end of an adult interdependent relationship (often referred to as common law), one partner often has to pay either child or spousal support. That could result from a court order or an agreement with the ex-partner.
But what happens if the payor parent (the person required to pay maintenance) refuses to start or stops paying the support? In Alberta, recipient parents (those awarded maintenance payments) have options.
Talk to your ex
One missed or partial payment could turn into support delinquency. As soon as the problem arises, address it before the situation gets worse.
Your ex may have a legitimate reason for missing a payment, such as unexpected bills or the loss of a job. Talking to them will clear the air and hopefully resolve the situation.
If regular support payments do not resume, you need to take further steps.
Enrol in the Maintenance Enforcement Program
Alberta’s Maintenance Enforcement Program (MEP) enforces maintenance obligations awarded in court orders and certain agreements by collecting payments from payors and forwarding them to recipients.
Either the payor or the recipient can register with MEP at no charge, provided they have first obtained a court order setting out what the child or spousal support payments should be. A support order can be a maintenance order or a maintenance agreement.
As the provincial MEP program notes, “We recommend a lawyer helps you with the maintenance order.”
The team at Demas Schaefer Family Law can assist with this process.
Consequences for not paying support
If a person does not make spousal or child support payments to MEP on time steps can be taken. For example, the program has the authority to:
- garnishee wages, bank accounts and certain federal government payments such as income tax refunds and employment insurance benefits;
- seize personal or real property;
- require the party in default to file financial information;
- suspend or deny provincially issued documents such as a driver's licence; or
- ask the federal government to suspend their passport.
Tracking down delinquent payors
After noting that “paying child, spousal and partner support is a responsibility, not an option,” the MEP – Help us Find Payors webpage lists people in Alberta who have missed six months or more of support payments. Since April 2000, “this page has resulted in 556 debtor profiles posted and 437 defaulting debtors found,” MEP states.
The page lists a 24-hour tip line. It also includes headshots and descriptions of delinquent payors, including their names and aliases, eye and hair colour, tattoo descriptions, plus their last known address and employer.
At the time of this writing, the Edmonton and Area section included eight men and one woman, with her description noting that she may have fled to the Philippines.
Children have a right to financial support
Canadian children have a legal right to financial support from both parents. Those rights and responsibilities do not end with divorce or separation.
A 2006 Supreme Court of Canada decision affirmed several principles related to the payment of child support including:
- child support is the right of the child;
- the right to support survives the breakdown of a child’s parents’ marriage;
- child support should, as much as possible, provide children with the same standard of living they enjoyed when their parents were together; and
- the specific amounts of child support owed will vary based upon the income of the payor parent.
The recipient parent receives child support on behalf of the child. The payor parent cannot refuse to make support payments because they do not like the other parent or do not approve of how the money will be used.
What is spousal or partner support?
Spousal support, sometimes referred to as alimony, is a financial contribution provided to one former spouse from another once a marriage or adult interdependent relationship ends.
Spousal support, as outlined in Canada’s Divorce Act, aims to balance some of the financial disparity between partners once they have chosen to separate or divorce. The higher-income partner is required to help their former partner with the cost of living, food, accommodation and other expenses.
Entitlement to spousal support in Alberta
Judges weigh various factors when deciding if spousal support is to be awarded. Every case is unique, which is why it is a good idea to have a family lawyer help you present your arguments for support to the court.
The amount of spousal support is generally based on calculations derived from the Spousal Support Advisory Guidelines. As the introduction notes, “[These guidelines] are very different from the Federal Child Support Guidelines. They have not been legislated by the federal government. They are informal guidelines that will operate on an advisory basis only. The Advisory Guidelines will be used to determine the amount and duration of spousal support within the existing legal framework of the Divorce Act and the judicial decisions interpreting its provisions.”
Determining spousal support
In Alberta, spousal support is based upon several factors, including:
- the financial situation of both spouses;
- the length of the marriage;
- the care of the children; and
- any orders, agreements or arrangements already made about spousal support.
Generally speaking, the larger the income gap, the more likely the higher-earning party will have to pay spousal support.
The objectives of spousal support
Both the Divorce Act (Canada) and the Family Law Act (Alberta) state that the objectives of a spousal support order are to:
- recognize any economic advantages or disadvantages to the ex-partners after their relationship has ended;
- divide up any financial costs arising from the care of the children over and above the child support;
- lessen any financial hardship that may have taken place because of the end of the marriage; and
- as much as possible, encourage the spouses to become able to support themselves within a reasonable period.
Both statutes say that misconduct by either party is not a factor when deciding whether to grant spousal support, as an order is not intended to punish a spouse for bad behaviour or reward another for good behaviour.
Child support takes priority over spousal support
The Divorce Act and the Family Law Act each state that when making support orders, the court must give priority to child support over spousal support. If there is not enough money to pay both child and spousal support, then it is the spousal support that is to be reduced.
It should also be noted that paying (or not paying) child support does not affect a person's parenting time or contact with their children. For example, if the payor parent falls behind or stops paying support, the recipient parent cannot stop them from seeing the children for that reason.
Contact us for assistance
After a marriage or an adult interdependent relationship ends, the lower-income parent may rely on spousal or child support to put food on the table and a roof over their head. If the payor parent withholds those payments, the recipient parent will be in a difficult situation. The lawyers at Demas Schaefer are here to help. We can help you register with MEP and navigate your way through any necessary court proceedings to ensure you obtain the financial assistance you are entitled to. Contact us for a free consultation.