Support order enforcement

3. Enforcement

In the event that the debtor fails to fulfill the requirements of the support order, the Maintenance Enforcement Program can take action to collect payments. Enforcement actions are applied on a case-by-case basis depending on the debtor's payment history, financial situation, and arrears due; and could include:

• garnishment of federal payments due to the debtor (e.g. income tax returns or employment insurance payments);
• issuing wage attachments which intercept money owed to the debtor by their employer;
• garnishment/attachment of bank accounts;
• registering the maintenance order against the debtor's land or personal property so that it cannot be sold;
• withholding the debtor's passport or other federal licenses;
• suspension of the debtor's drivers license;
• taking the debtor to court; or
• asking a Judge to sentence the debtor to up to 90 days in jail.

As many debtors go to great lengths to hide or prevent collection of payments, the Maintenance Enforcement Program cannot guarantee the collection or regularity of payments.

As a creditor, you should always provide the program with up-to-date information about the debtor to help with the collection of payments.

Wage attachments

A wage attachment is a legal document sent to the debtor's employer requiring the employer to redirect a portion of the debtor's salary to fulfill support obligations. As a debtor, your employer is required to provide you with a copy of any attachment issued against you. The attachment is confidential, and your employer cannot give out information, take disciplinary action, or dismiss you over support payments owing. You are entitled to an exemption of $600.00 a month, plus an additional $80.00 a month for each dependent child in your care. If you have questions about an attachment filed against you, you should contact Maintenance Enforcement.

Debtors living outside of the NWT

If you have an interjurisdictional support order where the creditor or debtor lives in another province, territory, or country; the order can still be enforced provided that a reciprocal enforcement agreement exists between those two jurisdictions. If this is the case, the order is enforced by the reciprocating jurisdiction, and any collected payments will be forwarded to the Maintenance Enforcement Program on your behalf.

You might also be able to apply for an order or update an existing order in a reciprocating jurisdiction without having to travel there! The basic requirements are that you and the other party don't reside in the same jurisdiction and you were never divorced.