Government of Saskatchewan
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Tuesday, July 22, 2014
Saskatchewan Justice

Does there have to be a problem with payments before I can register?

No. Some people register to get help collecting maintenance. However, you can also register if you want the Office to keep track of payments or if you do not want to deal directly with the other party about maintenance.

Does the Office charge for its services?

The services offered by the Maintenance Enforcement Office are free to claimants and respondents. Some fees may be charged to respondents to offset the costs of enforcement if enforcement action is necessary.

How do I register?

You must send or bring the following documents to the Family Justice Services Branch:

  • A completed Maintenance Enforcement Office form. Registration forms are available from the Office in Regina, the Court of Queen's Bench, Legal Aid or your lawyer.
  • A certified copy of the maintenance order or agreement. If you wish to register an agreement, it must be filed at Court of Queen's Bench where you can obtain certified copies and certificates of filing.

 

You will be required to fill out an Affidavit of Arrears (a sworn document that reflects payments past due) once the file has been registered with the Office.

If you need help or further information, please call the Office at (306) 787-8961 or 1-866-229-9712 (outside of Regina area).

What should I consider before registering?

You should consider whether you want the Office to be responsible for collecting your support payments.

When you register, you agree that all payments will be processed through the Office and that you will not try to collect your maintenance yourself, through your lawyer or another agency. If payments are not made regularly, the Office will take the action that it believes is in the long-term interest of your receiving payments. You may not always agree with the action taken on your behalf.

Action will be taken to collect the maintenance unless the respondent pays voluntarily. Enforcement action can be unpleasant. It is probably best not to register if you think you would be upset by enforcement actions taken against the respondent.

If I withdraw from the Office, can I re-register?

Yes. Either the claimant or the respondent can apply to return to the maintenance enforcement program. Normally, only the registration form is required to reopen your file. However, if there is a new court order or agreement since you withdrew, a copy of these documents will be needed to apply.

An application to return to the maintenance enforcement program is treated much like a new application - both the claimant and the respondent are sent a registration letter and payments must be made through the Office. Respondents are given an opportunity to pay voluntarily.

Since enforcement action is removed when a file is withdrawn, action to collect payments must be replaced. As circumstances may have changed since the enforcement action was removed (e.g. the respondent may have sold assets) it is usually not possible to pick up the enforcement action where it was left off. Clients thinking about withdrawing should carefully consider the consequences of doing so.



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