Stay of Enforcement
Court of Queen’s Bench
Application for Stay of Enforcement
Instructions
Stay of Enforcement
Before you Begin:
Use this package if the Maintenance Enforcement Program (MEP) has issued a
support deduction notice or an order for payment (example - wage garnishment)
and you want to stop these enforcement steps.
Before applying for a Stay of Enforcement, it is strongly recommended that you
talk to a lawyer and / or read the Alberta Maintenance Enforcement Act,
specifically section 32.
Section 32 of the Maintenance Enforcement Act says that a Stay of Enforcement
will NOT stop:
• any Federal enforcement (example – garnishment of GST rebate, employment
insurance payments or money returned for overpayment of taxes).
• any registration or filing made by MEP under the Land Titles Act or Personal
Property Registry.
• any restrictions on your driver’s license or services available at a Registry Office.
You must talk to a the staff at the Alberta Maintenance Enforcement Program
(780-422-5555) to deal with any of these enforcement measures. They will tell
you what you need to do to stop their enforcement.
Also note that section 32 of the Maintenance Enforcement Act says that a Stay of
Enforcement can only be in place for at most 3 months. You may come back to
court for one more extension for a period of not more than 6 months.
Most importantly, a Stay of Enforcement Order will NOT change the amount of
child support you are currently paying, or affect the amount of your child support
arrears. You must also make a court application to change the child support you
pay or to change the child support arrears you owe.
Gather up the documents you will need to prove your case
• It is usually helpful for the judge to see proof of income for both parties.
You
must file your income information if any of the following applies:
ƒ Any of the children live with the other party;
ƒ You and the other party have shared or split custody; or
ƒ You are claiming any special or extraordinary expenses for the children.
Instructions – Stay of Enforcement
Revised November, 2010
• The income information that you must provide is:
ƒ Your complete tax return for each of the past 3 years;
ƒ The Notice of Assessment form from the tax department for each of the
ƒ
past 3 years; and
Your pay stub or other proof showing the income you have received from
all sources this year.
• If you are self-employed, work through a corporation that you control or are in a
partnership, you must also provide financial statements, corporate tax returns
and other proof of income. See the Notice to Disclose / Application form for a
complete listing.
Tip:
If you have already attached your income information to a filed Affidavit or to a
Response to Notice to Disclose, you do not have to provide it again.
• There may be other documents that you should attach to your court forms. For
example:
ƒ If you are asking for any special or extraordinary expenses for your
children, attach receipts for those expenses, if you have them.
ƒ If you are claiming support for a child over the age of 18, attach income
information for that child for any year in which they have earned an
income.
ƒ If you are claiming support for a child over the age of 18 because they
are in school, attach proof that they are registered in an educational
institution, including the number of classes and/or hours per week of
instruction.
ƒ If you are asking for retroactive support, attach income information back
to the date that you are wanting the support to begin.
ƒ If you are claiming undue hardship, attach income information for any
other adult in your household.
Fill in the Application form
• Follow the instructions on the form and in the “Making a Court Application”
booklet.
Fill in the Affidavit form
• Follow the instructions on the form and in the “Making a Court Application”
booklet.
• This form has been prepared with the information that the court is likely to want
to see. You can, if you wish, change the content of the form to set out the
information in a way that you think is best.
Instructions – Stay of Enforcement
Revised November, 2010
• All of the documents that you want the judge to see must be written about in the
Affidavit and attached as exhibits to the Affidavit.
You must serve Maintenance Enforcement (MEP) as well as the
other party with copies of your court forms
• See the Affidavit of Service on MEP for different ways of serving MEP.
After MEP and the other party has been served, fill in the
Affidavit of Service forms
• Follow the instructions on the form and in the “Making a Court Application”
booklet.
These instructions have been prepared for you by Family Justice Services / Family Law
Information Centre. Contact us at:
7th
Calgary
Family Justice Services
floor, Calgary Courts Centre
601 - 5 Street SW
Phone 403-297-6981
Edmonton
Family Law Information Centre
Main Floor, Law Courts
1A Sir Winston Churchill Square
97 Street & 102A Avenue
Phone 780-415-0404
Grande Prairie
Law Information Centre
Main Floor, Court House
10260 - 99 St.
Phone: 780-833-4234
Lethbridge
Family Justice Services
1st Floor, Court House
320 - 4 St. S
Lethbridge AB T1J 1Z8
Phone: 403-388-3102
Red Deer
Family Justice Services
Main Floor, Court House
4909 - 48 Ave
Phone: 403-755-1468
Medicine Hat
Family Justice Services
Court House
460 First Street SE
Medicine Hat, AB T1A 0A8
Phone 403-529-8716
Outside these centres, contact us toll free at 310-0000
Instructions – Stay of Enforcement
Revised November, 2010
Clerk’s Stamp
COURT FILE NUMBER
COURT
Court of Queen’s Bench of Alberta
JUDICIAL CENTRE
APPLICANT
RESPONDENT
Family Law Application
for a Stay of Enforcement
DOCUMENT
ADDRESS FOR SERVICE
AND CONTACT
INFORMATION OF PARTY
FILING THIS DOCUMENT
Applicant’s Name
Full address
(
)
NOTICE TO THE RESPONDENT(S)
This application is made against you. You are a Respondent. You have the right to state your
side of this matter before the judge. To do so, you must be in Court when the application is
heard as shown below:
COURT DATE:
,
Weekday
, 20
Month
Day
.
Year
TIME:
Time of Day
WHERE:
Courtroom (if known), Street address of courthouse
BEFORE WHOM:
Justice in Family Chambers
Go to the end of this document to see what else you must do and when you must do it.
Application for a Stay of Enforcement
Revised October 19, 2010
-2-
1.
REMEDY CLAIMED OR SOUGHT
Stay of Enforcement:
F A stay of enforcement for:
F
3 months (You will choose 3 months if this is your first application)
F
An additional period of 6 months (You will choose this option if you
have previously had a 3 month order)
F Any other remedies, including costs, that the Court determines to be appropriate.
F Other: (Describe the other remedies)
2.
GROUNDS FOR MAKING THIS APPLICATION:
My grounds for making this application are set out in my Affidavit sworn on:
__________________________________.
(Date)
3.
MATERIAL OR EVIDENCE TO BE RELIED ON:
F I am relying on the evidence set out in my Affidavit sworn on:
____________________________.
(Date)
F I am relying on the following: (Describe the evidence you are relying on)
4.
APPLICABLE RULES:
F Rule 13.5 Variation of time period
F Other: (Please indicate Rule Number)
5.
APPLICABLE ACTS AND REGULATIONS:
F Maintenance Enforcement Act
F Other: (Please indicate other Acts / Regulations)
6.
ANY IRREGULARITY COMPLAINED OF OR OBJECTION RELIED ON:
F Not applicable
F Specify:
Application for a Stay of Enforcement
Revised October 19, 2010
-3-
7.
HOW THE APPLICATION IS PROPOSED TO BE HEARD OR CONSIDERED:
(Specify)
(In most circumstances, this section will be left blank. But, if you are asking for your application to be
heard in a different way (such as videoconference, or teleconference) you must speak with the Clerk
about what to write in this space.)
WARNING
If you do not come to Court on the date and time shown above either in person or by your
lawyer, the court may give the Applicant what the Applicant wants in your absence. You will
be bound by any order that the Court makes.
If you intend to rely on an affidavit or other evidence when the application is heard or
considered, you must:
• Swear or affirm an affidavit;
•
File the affidavit or other evidence with the Court; and
•
Serve the affidavit or other evidence on the applicant a reasonable time before the
application is scheduled to be heard or considered.
Application for a Stay of Enforcement
Revised October 19, 2010
Clerk’s Stamp
COURT FILE NUMBER
COURT
Court of Queen’s Bench of Alberta
JUDICIAL CENTRE
APPLICANT
RESPONDENT
Affidavit – Stay of Enforcement
DOCUMENT:
SWORN / AFFIRMED BY:
Name of person making this Affidavit
SWORN / AFFIRMED ON:
Date Affidavit sworn / affirmed
ADDRESS FOR SERVICE
AND CONTACT
INFORMATION OF PARTY
FILING THIS DOCUMENT
Name
Full address
(
)
I,
, of
(Your name)
, Alberta,
(Name of City / Town)
SWEAR / AFFIRM AND SAY THAT:
1.
I have personal knowledge of the following information, except where I say that what is stated is based on
information from another person, in which case, I believe that information to be true.
2.
I owe arrears and ongoing
child support
spousal support because of an Order granted on
by Justice
Date Order was granted
.
Name of Judge that granted the Order
Attached as Exhibit ‘_____’ to this Affidavit is a copy of that Order.
3.
(Choose one)
My Order is not registered with the Maintenance Enforcement Program.
My Order is registered with the Maintenance Enforcement Program. Attached as Exhibit ‘
‘ to
my Affidavit is a copy of my debtor statement of account from the Maintenance Enforcement Program.
Affidavit – Stay of Enforcement
Revised October 29, 2010
-24.
As of today, the status of my arrears payments under the Order are as follows: (Choose all that apply)
I do not owe child support arrears
arrears of child support are owing as follows:
Child support owed to others
Child support owed
to recipient
$
Present monthly
child support arrears payment
(such as Ministry of Employment
and Immigration)
$
$
I do not owe spousal support arrears
arrears of spousal support are owing as follows:
Spousal support owed
to recipient
$
5.
Spousal support owed to others
(such as Ministry of Employment
and Immigration)
$
Present monthly
spousal support arrears payment
$
The total amount of my ongoing payment(s) under the Order is:
$_______ per month for child support.
$_______ per month for spousal support.
6.
I am asking for an Order for (Choose all that apply)
A Stay of Enforcement suspending enforcement by the Director of Maintenance Enforcement
under a support deduction notice or order for payment.
The Stay of Enforcement to remain in place: (Choose one only)
For three months.
An additional period of six months because a previous Stay of Enforcement Order has
been granted. Attached as Exhibit ‘_____’ is a copy of that Order.
Other ________________________________________________________________________
________________________________________________________________________
________________________________________________________________________.
7.
I am taking the following steps to change my Order for child or spousal support: (Choose one)
I have filed an Interjurisdictional Support Order (ISO) application to change the amount of my
support. Attached as Exhibit ‘____’ to this Affidavit is a copy of documentation showing that I
have submitted my ISO application.
I have filed a Claim to change my child or spousal support under the Family Law Act. Attached
as Exhibit ‘_____’ to this Affidavit is a copy of my Claim.
Affidavit – Stay of Enforcement
Revised October 28, 2010
-3-
I have booked a Child Support Resolution Meeting (Edmonton) or a Dispute Resolution Meeting
(Calgary). Attached as Exhibit ‘_____’ is a copy of my documentation showing the date of my
Meeting.
I have not taken any steps to change my child or spousal support Order because: ____________
_____________________________________________________________________________
_____________________________________________________________________________
8.
9.
The reasons I am unable to pay the child or spousal support at this time are:
My current employment status is as follows: (Choose all that apply)
I am employed. Attached as Exhibit ‘_____’ are copies of my last 3 pay stubs.
I am self-employed.
Details of my employment / self-employment are:
Name and address of employer or place of business
Position
Length of time in this position
I have been unemployed since
and details of my unemployment are:
Date
(Give details, including prospects of employment and benefits you are receiving, steps you are taking to find employment, or if in
school, type of program and expected completion date)
10.
My income:
I expect my gross annual income this year to be $
11.
Attached as Exhibit ‘_____’ to my Affidavit are copies of:
, because:
(Choose one)
my Income Tax and Benefit Return (T1 General) and Notices of Assessment and Reassessment from
Canada Revenue Agency for each of the 3 most recent taxation years.
the Canada Revenue Agency printout of my income tax returns for the last 3 years.
Affidavit – Stay of Enforcement
Revised October 28, 2010
-4-
12.
13.
Attached as Exhibit ‘______’ is my detailed information regarding my assets, liabilities and my monthly
budget.
I have the following other information in support of my application:
Sworn (OR Affirmed) before me
on
, 20
at
, Alberta.
Signature of person swearing / affirming
Affidavit
Commissioner for Oaths in and for the
Province of Alberta, Justice of the Peace
or Notary Public
Affidavit – Stay of Enforcement
ID Verified ________________________
Revised October 28, 2010
Clerk’s Stamp
COURT FILE NUMBER
Court of Queen’s Bench of Alberta
COURT
JUDICIAL CENTRE
APPLICANT
RESPONDENT
Affidavit of Personal Service
DOCUMENT
SWORN / AFFIRMED BY
Name of person making this Affidavit
SWORN / AFFIRMED ON
Date Affidavit sworn / affirmed
ADDRESS FOR SERVICE
AND CONTACT
INFORMATION OF PARTY
FILING THIS DOCUMENT
Name
Full address
(
)
I,
, of
(Name of person who served)
, Alberta,
(Name of City / Town)
SWEAR / AFFIRM AND SAY THAT:
1.
I have personal knowledge of the following information, except where I say that what is
stated is based on information from another person, in which case, I believe that
information to be true.
2.
I am 18 years of age or older.
3.
On ____________________________, I served the
Applicant OR
Respondent
(Date)
__________________________________ with the following documents:
(Name of the Applicant or Respondent)
Application form filed _______________________________________________
(Date filed)
Originating Application form filed______________________________________
(Date Filed)
Affidavit of Personal Service
Revised December, 2010
-2-
Affidavit filed ______________________________________________________
(Date Filed)
Claim filed _______________________________________________________
(Date Filed)
Statement filed ___________________________________________________
(Date Filed)
Order filed _______________________________________________________
(Date Filed)
Other:
(Name of document and date filed with the Court. If not filed, attach a true copy of the document as an
Exhibit to this Affidavit)
4.
I served the documents listed above by personal service, that is, I left the documents with
the
Applicant OR
Respondent at:
(Complete address where you served the Applicant or Respondent)
Sworn (OR Affirmed) before me
on
, 20
at
, Alberta.
Signature of person swearing / affirming Affidavit
Commissioner for Oaths
in and for the Province of Alberta, Justice
of the Peace or Notary Public
Affidavit of Personal Service
I.D. Verified _____________________
Revised December, 2010
Clerk’s Stamp
COURT FILE NUMBER
Court of Queen’s Bench of Alberta
COURT
JUDICIAL CENTRE
APPLICANT
RESPONDENT
Affidavit of Service on
Maintenance Enforcement
Program (M.E.P)
DOCUMENT
SWORN / AFFIRMED BY
Name of person making this Affidavit
SWORN / AFFIRMED ON
Date Affidavit sworn / affirmed
ADDRESS FOR SERVICE
AND CONTACT
INFORMATION OF PARTY
FILING THIS DOCUMENT
Name
Full address
(
)
I,
, of
(Name of person who served)
, Alberta,
(Name of City / Town)
SWEAR / AFFIRM AND SAY THAT:
1.
I have personal knowledge of the following information, except where I say that what is
stated is based on information from another person, in which case, I believe that
information to be true.
2.
I am 18 years of age or older.
3.
On ____________________________, I served the Director of Maintenance
(Date)
Enforcement with the following documents:
Application form filed _______________________________________________
(Date filed)
Affidavit of Service on M.E.P
Revised December, 2010
-2-
Affidavit filed ______________________________________________________
(Date Filed)
Claim filed _______________________________________________________
(Date Filed)
Statement filed ___________________________________________________
(Date Filed)
Order filed _______________________________________________________
Other: (Name of document and date filed with the Court.
(Date Filed)
If not filed, attach a true copy of the document as
an Exhibit to this Affidavit)
4.
I served the documents listed above by using the following method:
F Handing the documents to a staff member at the Maintenance Enforcement
office, at the following address:
F 7th Floor North, 10365-97 Street, Edmonton, AB
F 12th Floor, 615 MacLeod Trail S, Calgary, AB
F Sending the documents by recorded mail to the Director of Maintenance
Enforcement at the following address:
F 7th Floor North, 10365-97 Street, Edmonton, AB, T5J 3W7
F 12th Floor, 615 MacLeod Trail S, Calgary, AB T2G 2T8
F Sending the documents by way of facsimile transmission to the following fax
number: (780) 401- 7575. Attached as Exhibit ‘_____’ is the fax transmission
sheet showing the fax was completed.
F Other: (Describe and attach documents proving receipt, if any)
Sworn (OR Affirmed) before me
on
, 20
at
, Alberta.
Signature of person swearing / affirming Affidavit
Commissioner for Oaths
in and for the Province of Alberta, Justice
of the Peace or Notary Public
Affidavit of Service on M.E.P
I.D. Verified_______________________
Revised December, 2010