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Sunday, December 21, 2014
Saskatchewan Justice

How do I register?

You must send or bring the following documents to the Maintenance Enforcement Office:

  • A completed Maintenance Enforcement Office Registration form. Registration forms are available from the Maintenance Enforcement Office in Regina, the Court of Queen's Bench, Legal Aid or your lawyer.
  • A copy of a current support order or agreement. The agreement must first be filed with the Court of Queen's Bench, and then a stamped copy brought or sent to the Office.

 

If you are a claimant, 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).

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

No. Some people register to get help collecting their support payments. 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.

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.

What should a claimant consider before registering?

Claimants should consider whether they want the Office to be responsible for collecting their support payments.

When claimants register, they agree that all payments will be processed through the Office and that they will not try to collect the support themselves, through a 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 the claimant receiving payments. The claimant may not always agree with the action taken on his or her behalf.

Action will be taken to collect the support unless the respondent pays voluntarily. Enforcement action can be unpleasant. If you are a claimant, it is probably best not to register if you think you would be upset by enforcement actions taken against the respondent.

What should a respondent consider before registering?

Respondents should be aware that the Office will probably take enforcement action against them if payments are not made voluntarily, on time and in full.

If the claimant's private solicitor has already taken enforcement action, such as garnishment, the Office cannot administer the account unless the enforcement action is first removed. The Office can request that the private solicitor remove the action, but cannot require them to do so.

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.

Claimants thinking about withdrawing should carefully consider the consequences of doing so. 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.



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