The Program can only pay to you what it has been able to collect. People entitled to support should realize that there are times when it is not possible to collect.
Nothing. There will be no cost to any person who is entitled to receive support.
Back payments can be registered for enforcement from April 1, 1997 forward. There is no expiry date for enforcement of these arrears.
The Director of Support Enforcement can demand a financial statement from a person who is required to pay support.
The Director has the authority to garnish or collect wages from an employer, monies held at financial institutions and federal sources of funds, such as EI payments or income tax refunds. In addition, property may be seized and sold to pay outstanding arrears.
The debtor may be brought before the court to explain the nonpayment and the court may make an order to enforce payment of arrears.
The Support Enforcement Program uses a sophisticated computer program which monitors payments and alerts enforcement officers when they are missed.
The person required to pay support must make payments to the Director of Support Enforcement on the date(s) set out in the support order. The Director will then forward a government cheque to the individual who is entitled to receive support, in accordance with the terms of the support order. Payments cannot be disbursed to the person entitled to receive support until it becomes due in accordance with the terms of the order even if the funds are received in advance from the person required to pay support.
If enforcement action is necessary, there will be delays and support payments may not be available in accordance with the dates required in your support order. Enforcement actions require third party demands such as garnishments and as such have inherent delays in getting funds from employers, banks, etc.
Direct payments should not be accepted. If you receive a direct payment, make sure you write to the Support Enforcement Program immediately to confirm it, so that accurate accounting records are maintained. All support payments must be made to the Support Enforcement Program. Accepting direct payments will delay enforcement action.
The Director of Support Enforcement has the authority to gain access to certain government records (both federal and provincial), and also has the authority to demand information from other sources in order to find out the whereabouts of someone who owes support payments.
The Support Enforcement Program works best when the parties involved live in this province.
Other provinces now have similar programs and access to these can be gained by registering with the Support Enforcement Program. The other jurisdiction then assumes the responsibility to monitor and enforce the support order. However, enforcement is more difficult and may take longer.
If your support order was made in another province and the debtor resides in Newfoundland and Labrador, we will enforce the support order after it is registered with a Newfoundland and Labrador court.
All information received by the Support Enforcement Program is confidential, and used only for the purposes of monitoring payments and enforcing support orders
The director will only enforce the support provisions of an agreement after it has been filed with the court pursuant to the provisions of the Family Law Act. It is your responsibility to have this done.
The Support Enforcement Program will not act on behalf of either party at a variation hearing. We suggest you seek legal advice or contact the court to obtain the necessary forms.