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Maintenance Enforcement Regulations

made under subsection 61(1) of the

Maintenance Enforcement Act

S.N.S. 1994-95, c. 6

O.I.C. 96-137 (March 5, 1996), N.S. Reg. 40/96

as amended to O.I.C. 2017-261 (October 17, 2017), N.S. Reg. 156/2017



Table of Contents


Please note: this table of contents is provided for convenience of reference and does not form part of the regulations.
Click here to go to the text of the regulations.

Title

Definitions

Persistent arrears: number of payments and total accumulated amount prescribed

Forms

Time deadlines

Disclosure of financial information

Disclosure to professional organizations prescribed

Garnishment

Notification by the income source if payments cease

Attachment of payor’s pension entitlement

Fees

Costs to be awarded

Service of documents on Director

Form 1: Statement of Financial Information

Form 2: Notice of Garnishment

Form 3: Notice of Variation of Garnishment

Form 4

Form 5: Satisfaction Piece

Form 6: Notice to Administrator of Intention to Attach Pension Entitlement

Form 7: Notice to Payor of Intention to Attach Pension Entitlement

Form 8: Notice of Attachment of Pension Entitlement

 

 

Title

1     These regulations may be cited as the Maintenance Enforcement Regulations.


Definitions

2     (1)    For the purpose of the Act and these regulations,

 

“income” includes but is not limited to

 

                         (i)     federal benefits, which are benefits payable to the payor under

 

                                  (A)   the Employment Insurance Act (Canada),

Definition of “income”, paragraph (i)(A) amended: O.I.C. 2017-261, N.S. Reg. 156/2017.

 

                                  (B)   Sections 3, 11, 19 or 21 of the Old Age Security Act (Canada), or


Definition of “income”, paragraph (i)(C) repealed: O.I.C. 2017-261, N.S. Reg. 156/2017.

 

                                  (D)   the Canada Pension Plan,

 

                         (ii)    an insurance settlement payable to the payor,

 

                         (iii)   a lottery winning payable to the payor,

 

                         (iv)   an inheritance received by the payor, or

 

                         (v)    any money or benefits owed or payable to the payor under a contract, express or implied, or an enactment, or on any other basis, including a debt owed to the payor.

Definition of “income”, subclause (v) replaced: O.I.C. 2017-261, N.S. Reg. 156/2017.

 

“pension benefit” means a periodic payment of money to which a person is entitled pursuant to a pension plan;

Definition of “pension benefit” added: O.I.C. 2001-364, N.S. Reg. 94/2001.

 

“prescribed registered retirement savings plan” means a registered retirement savings plan that is

 

                         (i)     established in accordance with the Income Tax Act (Canada), and

 

                         (ii)    established by a contract that includes or is required by an Act of the Legislature or Parliament to include the provisions prescribed by regulations made pursuant to the Pension Benefits Act for a contract that establishes a retirement savings arrangement for the purpose of a transfer under Section 50 of the Pension Benefits Act;

Definition of “prescribed registered retirement savings plan” added: O.I.C. 2001-364, N.S. Reg. 94/2001.

 

“proceeding” includes both a proceeding in court and any action taken by the Director in accordance with the provisions of the Act;

 

“spouse” includes

 

                         (i)     a husband or wife of a payor, and

 

                         (ii)    a man or woman who is living with a payor in a marriage-like relationship.

Subsection 2(1), clause letters removed: O.I.C. 2017-261, N.S. Reg. 156/2017.

 

       (2)    In these regulations

 

                (a)    “administrator” means an administrator as defined in clause 27A(a) of the Act;

 

                (b)    “pension entitlement” means a pension entitlement as defined in clause 27A(b) of the Act;

 

                (c)    “pension plan” means a pension plan as defined in clause 27A(c) of the Act.

Section 2 renumbered subsection 2(1); subsection 2(2) added: O.I.C. 2001-364, N.S. Reg. 94/2001.


Persistent arrears: number of payments and total accumulated amount prescribed

2A  For the purpose of the definition of “persistent arrears” in clause 2(fa) of the Act,

 

                (a)    any 3 payment periods is prescribed as the number of times for a payor to have failed to make, in full, all payments required under a maintenance order; and

 

                (b)    $3000 is prescribed as the total amount of arrears for a payor to have accumulated.

Section 2A added: O.I.C. 2017-261, N.S. Reg. 156/2017.


Forms

3     (1)    For the purpose of Section 34 of the Act and these regulations a statement of financial information shall be in Form 1 attached hereto and forming part of these regulations.

 

       (2)    For the purpose of Section 19 of the Act a notice of garnishment shall be in Form 2 attached hereto and forming part of these regulations.

 

       (3)    For the purpose of subsection 20(5) of the Act a notice of variation of garnishment shall be in Form 3 attached hereto and forming part of these regulations.

 

       (4)    For the purpose of subsection 38(4) of the Act a certificate of judgment shall be in Form 4 attached hereto and forming part of these regulations.

 

       (5)    For the purpose of subsection 38(6) of the Act a certificate of the discharge of a judgment shall be in the form of a satisfaction piece as contained in Form 5 attached hereto and forming part of these regulations.

 

       (6)    For the purpose of clause 27C(1)(a) of the Act, a notice to an administrator of the Director’s intention to attach a payor’s pension entitlement shall be in Form 6.

Subsection 3(6) added: O.I.C. 2001-364, N.S. Reg. 94/2001.

 

       (7)    For the purpose of clauses 27C(1)(b) and (c) of the Act, a notice to a payor of the Director’s intention to attach the payor’s pension entitlement shall be in Form 7.

Subsection 3(7) added: O.I.C. 2001-364, N.S. Reg. 94/2001.

 

       (8)    For the purpose of subsection 27F(1) of the Act, a notice to an administrator of attachment of a payor’s pension entitlement shall be in Form 8.

Subsection 3(8) added: O.I.C. 2001-364, N.S. Reg. 94/2001.


Time deadlines

4     If the recipient and payor wish to opt out of the enforcement program pursuant to Section 10 of the Act, the recipient shall file with the Director a written consent signed by them both, within 10 days of receiving notice from the Director’s office that the maintenance order has been filed with the program.

Section 4 amended: O.I.C. 2017-261, N.S. Reg. 156/2017.


Section 5 repealed: O.I.C. 2017-261, N.S. Reg. 156/2017.

 

6     Upon receiving notice from the Director under subsection 30(1) of the Act, the payor has 21 days to make arrangements satisfactory to the Director for complying with the maintenance order before the Director may request the Registrar of Motor Vehicles to suspend or revoke the payor’s privileges in relation to a motor vehicle.

 

7     Pursuant to Section 41 of the Act if there is a termination of the maintenance obligation under the order, the parties to a maintenance order filed with the Director shall notify the Director in writing immediately, which notice shall be consented to and signed by both parties.


Disclosure of financial information

8     If the Director requires financial information from the payor, the Director may ask the payor to provide the following:

 

                (a)    supporting financial documents, including

 

                         (i)     a copy, certified by Revenue Canada, of each of the 3 most recent income tax returns filed with Revenue Canada by the payor and of the assessment notice that relates to each of those returns,

 

                         (ii)    a copy of each pay stub or similar statement received during the past 6 months by or on behalf of the payor from the payor’s employer to account for the payor’s employee income and deductions,

 

                         (iii)   a copy of each statement of income other than employee income received during the past 6 months by or on behalf of the payor, including unemployment insurance, disability, pension, superannuation and worker’s compensation,

 

                         (iv)   a copy of the most recent assessment notice for each property in which the payor has a beneficial interest,

 

                         (v)    a copy of each statement of account received during the past 12 months by the payor from a savings institution, insurer, broker, or other investment institution,

 

                         (vi)   a copy of each credit card statement the payor has received during the past 6 months,

 

                         (vii)  a copy of any loan document evidencing the payor’s current indebtedness;

 

                (b)    a statement of financial information as set out in Form 1 completed by the payor’s spouse;

 

                (c)    any additional documents requested by the Director to support claims made by the payor as to his or her financial circumstances generally; and

 

                (d)    proof of job search and monthly update of efforts to seek employment.


Disclosure to professional organizations prescribed

8A  (1)    For the purpose of clause 32(1)(p) of the Act, this Section prescribes an additional exception to the prohibition against disclosure in subsection 32(1) of the Act.

 

       (2)    If a payor is in default under a maintenance order being enforced by the Director, the Director may disclose any information or documents related to the payor, the default, the maintenance obligation, the circumstances of the payor’s default or the steps taken by the Director to enforce the maintenance order, to any of the following:

 

                (a)    a professional or occupational organization that the Director believes the payor belongs to;

 

                (b)    the governing body of a self-governing or regulated profession that the Director believes the payor practises;

 

                (c)    an entity that is responsible for a licence or registration that the Director believes the payor holds for occupational purposes;

 

                (d)    an entity that is responsible under an enactment for governing the conduct of individuals for occupational purposes in an occupation that the Director believes the payor practises.

 

       (3)    The information and documents that may be disclosed under subsection (2) may include any of the following:

 

                (a)    the name of the payor;

 

                (b)    the date of the maintenance order;

 

                (c)    the amount and frequency of the payor’s maintenance obligation under the maintenance order;

 

                (d)    the amount of the arrears owing under the maintenance order at the time of the disclosure;

 

                (e)    any other name or any alias by which the payor is or has been known;

 

                (f)    the payor’s date of birth;

 

                (g)    the payor’s last known home and work addresses;

 

                (h)    any membership or other number by which the organization, governing body or entity identifies the payor;

 

                (i)     a copy of the maintenance order;

 

                (j)     a description of the steps taken by the Director to enforce the maintenance order;

 

                (k)    a sworn statement of arrears prepared by the Director in respect of the arrears owing under the maintenance order at the time of the disclosure;

 

                (l)     a copy of any document filed with the Director’s office in relation to the enforcement of the maintenance order, or prepared by the Director for that purpose.

Section 8A added: O.I.C. 2017-261, N.S. Reg. 156/2017.


Garnishment

9     (1)    A garnishment issued by the Director may be valid for 5 years.

 

       (2)    If the Director issues a garnishment to an income source, the amount garnished monthly may be in an amount equal to 25% of the gross income of the payor in addition to the amount of the regular maintenance payment required under the Maintenance Order, calculated monthly, until the arrears are paid off or until further proceeding by the Director. Once the arrears are paid off, the Director may require an income source to forward to the Director the amount of the regular maintenance payment required under the Maintenance Order.

 

       (3)    If the Director issues more than one notice of garnishment to an income source in respect of the same payor, and the money payable to the payor from the income source is insufficient to satisfy all the notices, the Director shall ensure that the amounts garnished from the income of the payor shall not exceed 25% of the gross income of the payor, regardless of the number of notices that have been issued.

 

       (4)    The Director has the discretion to issue a garnishment to an income source for an amount less than 25% of the gross income of the payor, if the Director believes that to do otherwise would cause undue hardship to the payor.

 

       (5)    If the Director issues a garnishment against federal benefits owed to the payor, in no case shall such a garnishment exceed 50% of the federal benefits payable to the payor.


Notification by the income source if payments cease

10   Within 10 days of ceasing to make payments under garnishment, the income source shall advise the Director in writing, providing the following information:

 

       (1)    the date and circumstances that resulted in the income source ceasing to make these payments;

 

       (2)    the date and circumstances, if any, for resumption of an obligation of the income source to pay money to the payor in the future; and

 

       (3)    if payment ceased because the payor ceased to be employed by the income source,

 

                (a)    the name and address of the payor’s new employer, where these are known to the income source; and

 

                (b)    the pay, salary or other monetary benefits to which the payor became entitled from the income source on termination.


Attachment of payor’s pension entitlement

11   The information respecting a payor’s pension entitlement to be provided by an administrator pursuant to clause 27C(1)(a) of the Act shall include

 

                (a)    the most recent address for the payor in the administrator’s records;

 

                (b)    if the restrictions described in subsection 27D(1) of the Act do not apply to the payor,

 

                         (i)     confirmation that the restrictions described in subsection 27D(1) of the Act do not apply to the payor, and

 

                         (ii)    the value of the payor’s pension entitlement that would be, or but for a provision of the pension plan would be, available to be transferred from the pension plan as of the date of the notice in Form 6;

 

                (c)    the postal address of the administrator;

 

                (d)    the address of the administrator where personal service of notices and documents can be effected for purposes of the Act and these regulations.

Section 11 added: O.I.C. 2001-364, N.S. Reg. 94/2001.


Fees

12   (1)    The Director may charge to the payor the following fees pursuant to the Act:

 

                (a)    $33.15, if the payor requests that the Director provide an annual statement showing the current status of payments;

Clause 12(1)(a) amended: O.I.C. 2015-96, N.S. Reg. 120/2015.

 

                (b)    $46.45, if a cheque received by the Director from the payor is returned to the Director because of insufficient funds;

Clause 12(1)(b) amended: O.I.C. 2015-96, N.S. Reg. 120/2015.

 

                (c)    $59.80, if the Director is required to provide a certificate of the discharge of a judgment entered pursuant to Section 38 of the Act;

Clause 12(1)(c) amended: O.I.C. 2015-96, N.S. Reg. 120/2015.

 

                (d)    where a payor is in default of a maintenance order filed with the Director under the Act:

 

                         (i)     $265.40, payable once in any 12-month period, in addition to the fees set out in subclauses (ii) to (v), if the Director is required as a result of the default to take any measure under the Act to enforce the maintenance order,

Subclause 12(1)(d)(i) amended: O.I.C. 2015-96, N.S. Reg. 120/2015.

 

                         (ii)    $99.50, if the Director is required to issue a garnishment against an income source of the payor,

Subclause 12(1)(d)(ii) amended: O.I.C. 2015-96, N.S. Reg. 120/2015.

 

                         (iii)   $66.35, if the Director is required to examine the payor in accordance with Sections 34 and 35 of the Act,

Subclause 12(1)(d)(iii) amended: O.I.C. 2015-96, N.S. Reg. 120/2015.

 

                         (iv)   $66.35, if the Director is required to request that the Registrar of Motor Vehicles suspend or revoke the payor’s privileges in relation to a motor vehicle,

Subclause 12(1)(d)(iv) amended: O.I.C. 2015-96, N.S. Reg. 120/2015.

 

                         (v)    $265.40, if the Director is required to attach the pension entitlement of the payor pursuant to Sections 27A to 27F of the Act.

Subclause 12(1)(d)(v) amended: O.I.C. 2015-96, N.S. Reg. 120/2015. 

Subsection 12(1) replaced: O.I.C. 2000-522, N.S. Reg. 168/2000.

 

       (2)    The Director has the discretion to waive payment by a payor of any of the fees prescribed in subsection (1) where, in the opinion of the Director, the payor’s financial circumstances warrant it.

Subsection 12(2) replaced: O.I.C. 2001-364, N.S. Reg. 94/2001.

 

       (3)    If a payor complies with a payment arrangement that is accepted by the Director, the Director has the discretion to waive, in whole or in part, the payment of a fee charged under subclause 12(1)(d)(i).

Subsection 12(3) added: O.I.C. 2001-364, N.S. Reg. 94/2001.

Original Section 11 renumbered 12: O.I.C. 2001-364, N.S. Reg. 94/2001.


Costs to be awarded

13   If satisfied that the payor who is a party to a proceeding before the court could have avoided defaulting under a maintenance order, the court may award costs against the payor in the amount of $664.10 in favour of the Director.

Original Section 12 renumbered 13: O.I.C. 2001-364, N.S. Reg. 94/2001; amended: O.I.C. 2015-96, N.S. Reg. 120/2015.


Service of documents on Director

14   (1)    Subject to subsection (4), for the purposes of the Act and these regulations, service on the Director of a notice or document shall be by registered mail to any postal address provided by the Director for that purpose, or by personal delivery to any regional office of the Director.

 

       (2)    For the purposes of clause 27C(1)(b) of the Act, service by the Director on a payor of a notice in Form 7 shall be effected by mailing it by registered mail to the most recent address in the Director’s records for the payor.

 

       (3)    For the purposes of the Act and these regulations, service by the Director on an administrator of a notice or document required to be served by the Director on an administrator shall be effected by registered mail to the postal address of the administrator provided by the administrator to the Director for that purpose, or by personally serving the administrator.

 

       (4)    For the purpose of subsection 27E(2) of the Act, service by a payor on the Director and on an administrator of a notice of an application shall be effected by personally serving the Director and the administrator, respectively.

Original Section 13 renumbered 14 and replaced: O.I.C. 2001-364, N.S. Reg. 94/2001.

 ________________________________________________________________ 

Form 1
Statement of Financial Information


In the Family Court for the Province of Nova Scotia                                   Court File Number

Under the Maintenance Enforcement Act                                                          MEP Case No.

Court Location

In the case between:

 

Name                                                                                                                          Applicant

and:

Name                                                                                                                       Respondent


Affidavit


I, (Name) ________________, at _____________ in the Province of Nova Scotia


MAKE OATH AND SAY:

 

1.    THAT I have made a full and complete disclosure of my present financial situation in the Statement of Financial Information (exhibit “A”) which is attached to my affidavit.

2.    THAT all the information contained in my Statement of Financial Information is true and correct.


Sworn before me at (Location) ______________ in the Province of Nova Scotia, on ______________, 19___ [20__].

 

 

A Commissioner for taking oaths in                Respondent

the Province of Nova Scotia


Take Notice


It is an offence to give false information

FAILURE TO PROVIDE the Statement of Financial Information may lead to action being taken under Section 34 of the Maintenance Enforcement Act. This may include an order for your imprisonment, or an order for you to pay the Applicant an amount of up to $2000.

YOU MUST SUBMIT COPIES OF THE FOLLOWING DOCUMENTS WITH THE STATEMENT OF FINANCIAL INFORMATION:

 

                (a)    3 most recent income tax returns certified by Revenue Canada and the assessment notice which relates to each of those returns;

 

                (b)    each pay stub or similar statement received by you or on your behalf from your employer to account for your employee income and deductions during the past 6 months;

 

                (c)    each statement of income other than employee income received by you or on your behalf during the past 6 months including unemployment insurance, disability, pension, superannuation and workers’ compensation benefits;

 

                (d)    most recent assessment notice for each property in which you hold a beneficial interest;

 

                (e)    all statements of accounts you have received from a savings institution, insurer, broker or other investment institution during the past 12 months; and

 

                (f)    a copy of each credit card statement you have received during the past 6 months.


Exhibit “A”

Personal Information - Section 1


Name - Last

First

Second

Address - Street

City

Province

Postal Code

Birthdate - Day Month Year

Age

Driver’s Licence No.

Social Insurance No.

Telephone - Home

Health No.


Do you use any other names? (If yes give details)                                                                   


Are you a member of a union/trade/professional organization? ☐ No ☐ Yes

If yes please specify organization and membership No.                                                           


Do you have a trade, profession or other occupational qualification? ☐ No ☐ Yes

If yes give details                                                                                                                       

 

Marital status   ☐ Single    ☐ Married    ☐ Other Specify                                                       


Please note that spouse includes your

(a) husband or wife, and (b) a man or woman who is living with you in a marriage-like relationship


Name of present spouse                                                                                                             

Address of present spouse                                                                                                         

Employer or source of income of spouse:                                                                                 

Do you have any children who are legally dependent on you for financial support?

☐ No ☐ Yes


If yes, please fill in the following information:

1.

Full name of dependant

Age

Address (if different)

Relationship to you

2.

Full name of dependant

Age

Address (if different)

Relationship to you

3.

Full name of dependant

Age

Address (if different)

Relationship to you

Do you have any other person(s) dependent on your financial support?

☐ No

☐ Yes

Full name of dependant

Age

Address

Relationship to you

Reason for dependency


Income Information - Section II

 

(a)   Employment

Current employer

If more than one employer see below

 

Present address - Street

City

Province

Postal Code

Telephone

What type of business

Your position

 

☐ Full time

☐ Part time

Gross monthly salary (attach pay slips)

$

(To calculate monthly salary weekly salary x 4.33)

 

 

 

Net monthly salary

$

 

Worksite

☐ Same as above

 

☐ Other (specify)

 

Current employer

(use this section if more than one employer)

Present address - Street

City

Province

Postal Code

Telephone

What type of business

Your position

 

☐ Full time

☐ Part time

Gross monthly salary (attach pay slips)

$

(To calculate monthly salary weekly salary x 4.33)

 

 

 

Net monthly salary

$

 

Worksite

☐ Same as above

 

☐ Other (specify)

 


 

Have you received any tips, gratuities, bonuses or overtime payments within the last 12 months?☐ No ☐ Yes

If yes please specify amount and give reason $                                                                         


Have you received any commission income within the last 12 months? ☐ No ☐ Yes

If yes please specify amount and give reason $                                                                         


Have you received any other benefits in the last 12 months? ☐ No ☐ Yes

☐ Company car

☐ Loans

☐ Share purchase option

☐ House

☐ Savings plan

☐ RRSP

☐ Other (specify)

 


Estimated value of benefit                                                                                                         

 

(b)  Miscellaneous income

Do you have any income-producing hobbies? ☐ No ☐ Yes

If yes, specify income received within the last 12 months, give details about type of hobby

$                                                                                                                                                 

(Specify)                                                                                                                                    


List all monthly income received from any other sources:

Show any annual income received in the last 12 months as average monthly income by dividing by 12

Rental income

$

Dividends

$

Pensions (state type or source)

$

Annuities

$

Unemployment insurance

$

Income assistance

$

Spouse’s income (from pg. )

$

Other (income tax refunds, child tax credits, inheritance, insurance settlement, etc.) Please specify

$

 

(c)   Self-employment

Please note If you have, or are involved in more than one business, photocopy this section and complete for each business.


Is your business a:

☐ Proprietorship

☐ Corporation

☐ Partnership

☐ Joint venture

 

☐ Other (specify)

 

If so provide the following information about any partners, principles, or participants.

Name

 

Address

 

Telephone

Name

 

Address

 

Telephone

Name

 

Address

 

Telephone

What type of business?

 

Name of business

 

Location (Street)

 

City

 

Province

 

Postal Code

 

Telephone

 

What is the net book value of your business (in total)

$

List assets of your company (vehicles, equipment, licences, etc.)

 

 

 

Name of accountant

 

Address

 

Telephone

 

 

Estimated equity

 

 

$

 

What is the estimated market value (total)

$

 

 

What % of the business is owned by you

%

 

 

Estimated value of your %

 

$


List income received from this business for the last 12 months

Salary

$

Show this income received as average monthly income by dividing by 12

$

Bonuses

$

$

Commission

$

$

Dividends

$

$

Other

$

$

Auto expenses

$

$

Meal allowance

(specify

$

$

 

 

 


Please note. If you have, or are involved in more than one business, photocopy this section and complete for each business


Have you received any other benefits in the last 12 months? ☐ No ☐ Yes

☐ Company car

☐ Loans

☐ Share purchase option

☐ House

☐ Savings plan

☐ Pension contributions

☐ Other (specify)

 


Estimated value of benefit                                                                                                         


If the business is a corporation is it

☐ Public

☐ Private

☐ Professional

☐ Other (specify)

 


Are you an officer of the corporation? ☐ No ☐ Yes (if yes state title)                                       


If the business is not a public corporation, complete the following:


Total number of shares issued and outstanding (describe type and class of shares)

Class

Number

Net Book Value $

Class

Number

Net Book Value $

Class

Number

Net Book Value $

Class

Number

Net Book Value $

Total number of shares of each class held by you

Class

Number

Net Book Value $

Class

Number

Net Book Value $

Class

Number

Net Book Value $

Class

Number

Net Book Value $

State total amount of all loans payable to you by the corporation

Amount $

Interest earned $

Repayment terms

Amount $

Interest earned $

Repayment terms

Amount $

Interest earned $

Repayment terms

Amount $

Interest earned $

Repayment terms


Instructions

Attach a copy of the most recent financial statement of your business

Add total monthly income from pages 4-7, enter total here and in Summary Section VII (Part A) - Page 16

Total monthly income $__________




Expenses (monthly) - Section III


Landlord/Mortgagee

Name

 

Address

 

 

 

Rent or mortgage

$

Property taxes

$

Utilities (heat, light and water)

$

Phone

$

Cablevision

$

Home repair/furnishings

$

House/tenant insurance

$

Newspapers/subscriptions

$

Life insurance

$

Restaurant meals

$

Food/groceries

$

Sundries/personal grooming

$

Clothing

$

 

 

Laundry/dry cleaning

$

 

 

Motor vehicle (licence, insurance, fuel & service)

$

 

 

Transportation (public)

$

 

 

Medical/dental

$

 

 

Entertainment

$

 

 

Video rentals/movies

$

 

 

Alcohol/tobacco

$

 

 

Gifts

$

 

 

Church/charities

$

 

 

Maintenance/support for others

$

 

 

Child care/babysitting

$

 

 

School expenses

$

 

 

Children’s activities/music lessons

$

 

 

Child allowance

$

 

 

Savings (for emergencies, holidays)

$

 

 

Payroll deductions (e.g. Canada Savings Bond, charities)

$

 

 

Other (specify)

$

 

 

 

 

 

 

 

 

 

 


Instructions

Add monthly expenses - enter total here and in Summary Section VII (Part B) - Page 16

Total monthly expenses $____________

 

Note:       Do not include under monthly debt payments any expenses taken into account under monthly expenses.


List your monthly debt payments (loans, credit cards, personal debts, etc.)

Amount of debt

To whom payable

Date last paid

Monthly payment

Amount outstanding

$

Name

(mm/dd/yy)

$

$

$

Name

(mm/dd/yy)

$

$

$

Name

(mm/dd/yy)

$

$


List any other expenses not covered here which either require a monthly payment or could be shown as a monthly payment.

Description

Terms of payment

Date last paid

Monthly payment

Amount outstanding

 

 

(mm/dd/yy)

$

$

 

 

(mm/dd/yy)

$

$

 

 

(mm/dd/yy)

$

$

 

Instructions           Add monthly payments - enter total here

and in Summary Section VII (Part D) - Page 16$__________

Instructions           Add amount outstanding - enter total here

and in Summary Section VII (Part G) - Page 16$__________


Assets and Liabilities - Section IV

Real estate

Fill in the requested information below regarding all real estate (homes, rental properties, cottages, condominiums, time shares, etc.) inside and outside the Province of Nova Scotia in which you own an interest:

 

 

 

Liabilities

Assets

1.Municipal address

 

 

 

 

Street

City

Province

 

 

 

 

 

 

 

Legal description

Date of purchase

Purchase price

 

 

 

(mm/dd/yy)

$

 

 

Mortgagee

Address

 

Balance owing

$

 

 

Estimated current market value

 

$

2.Municipal address

 

 

 

 

Street

City

Province

 

 

 

 

 

 

 

Legal description

Date of purchase

Purchase price

 

 

 

(mm/dd/yy)

$

 

 

Mortgagee

Address

 

Balance owing

$

 

 

Estimated current market value

 

$

Equipment (motor vehicles, etc.) (photocopy this section and complete for any additional equipment)

Fill in the requested information below regarding all equipment (cars, trucks, recreational vehicles, motorcycles, boats, vessels, aircraft, construction equipment, tools, trailers, etc.) in which you own an interest:

 

 

Liabilities

Assets

1. Description

 

 

 

Type

Make

Model

Year

 

 

 

 

 

 

 

 

 

 

Creditor (street address)

 

Balance owing

$

 

 

Estimated current market value

 

$

2. Description

 

 

 

Type

Make

Model

Year

 

 

 

 

 

 

 

 

 

 

Creditor (street address)

 

Balance owing

$

 

 

Estimated current market value

 

$

 

Instructions:          Add Liabilities from pages 10-11

Enter total here and in Summary Section VII (Part H) - Page 16

Total liabilities      $__________


Bank accounts

List all chequing and saving accounts, term deposits, registered savings plans, annuities, etc.:

 

 

 

 

 

Assets

1. Type of deposit

 

Account No.

 

 

 

Name of institution

 

Address

 

 

 

Name(s) in which account held

 

Amount

$

2. Type of deposit

 

Account No.

 

 

 

Name of institution

 

Address

 

 

 

Name(s) in which account held

 

Amount

$

3. Type of deposit

 

Account No.

 

 

 

Name of institution

 

Address

 

 

 

Name(s) in which account held

 

Amount

$

If you have holdings in a public corporation(s) complete the following:

List your shares, options, warrants, etc. and their current market value below:

Type

 

Number

 

 

 

Location of certificates

 

 

 

Name of broker

 

Current market value

$

Address

Telephone

 

 

List all your bonds and debentures held and their current market value:

Type

 

Number

 

 

 

 

 

 

 

 

 

Current market value

$


Other Assets

List the kind, value and location of any other assets (whether solely owned or jointly owned) below

Type of Asset

Description

Sole Owner

Location

Value

Interests in other businesses

 

☐ Yes ☐ No

 

$

 

☐ Yes ☐ No

 

$

Promissory notes, judgment debts

 

☐ Yes ☐ No

 

$

 

☐ Yes ☐ No

 

$

Loans and mortgages receivable

 

☐ Yes ☐ No

 

$

 

☐ Yes ☐ No

 

$

Pension plans, registered pension plans, self-administered pension plans, life insurance policies (cash surrender value)

 

☐ Yes ☐ No

 

$

 

☐ Yes ☐ No

 

$

 

☐ Yes ☐ No

 

$

 

☐ Yes ☐ No

 

$

Objects of art, jewelry, bullion, coins, cameras, collections

 

☐ Yes ☐ No

 

$

 

☐ Yes ☐ No

 

$

 

☐ Yes ☐ No

 

$

Household contents (appliances, electronics, computers, furniture, etc.)

 

☐ Yes ☐ No

 

$

 

☐ Yes ☐ No

 

$

 

☐ Yes ☐ No

 

$

 

☐ Yes ☐ No

 

$

Property or interests held in trust by others for you

 

☐ Yes ☐ No

 

$

 

☐ Yes ☐ No

 

$

 

☐ Yes ☐ No

 

$

Assets held in trust by you for others (children)

 

☐ Yes ☐ No

 

$

 

☐ Yes ☐ No

 

$

 

☐ Yes ☐ No

 

$

Other assets not already listed or described

 

☐ Yes ☐ No

 

$

 

☐ Yes ☐ No

 

$

 

☐ Yes ☐ No

 

$

Instructions

Add assets from pages 10-12-enter total here

and in Summary Section VII (Part F)-Page 16

Total assets

$




Transfer of Property - Section V


Have you given away, sold, assigned, or otherwise transferred any property (land, buildings, vehicles, money, household furnishings, etc.) to anyone within the last 12 months?

☐ No ☐ Yes

If yes give details


1Description of property

 

 

To whom transferred

 

 

 

Date of transfer

(mm/dd/yy)

 

 

How much money or other compensation was received by you?

Specify

 

$

2Description of property

 

 

To whom transferred

 

 

 

Date of transfer

(mm/dd/yy)

 

 

How much money or other compensation was received by you?

Specify

 

$


Spouse’s Income and Assets - Section VI


Please note that spouse includes your

       (a)    husband or wife, and

 

       (b)    a man or a woman who is living with you in a marriage-like relationship.


Income of spouse

Employment

 

 

 

 

Monthly income

Current employer

 

Position

 

☐ Full time

☐ Part time

 

Gross monthly salary

$

Net monthly salary

$

Current employer

(if more than two employers)

Position

 

☐ Full time

☐ Part time

 

Gross monthly salary

$

Net monthly salary

$

Bonuses received in past 12 months

$

Commissions received in past 12 months

$

Benefits received in past 12 months

$

☐ Company car

☐ Loans

☐ House

☐ Savings plan

 

$

☐ Other (specify)

 

 

$


Business Income

Type of business

 

Interest in business

☐ Proprietorship

☐ Joint venture

☐ Partnership

☐ Corporation

 

☐ Other (specify)

 

Name of business

 

Value of interest in business

$

Income from business

Benefits

 

☐ Salary

☐ Company car

 

☐ Bonuses

☐ Loans

 

☐ Commission

☐ Share purchase option

 

☐ Dividends

☐ Savings plan

 

☐ Other

☐ Other (specify)

 

 

 

 

Subtotal

$


Assets of spouse

Real estate

 

 

 

 

Net Value

Address

 

 

 

 

 

 

 

 

Street

 

 

 

 

 

 

 

 

Legal description

Date of purchase (mm/dd/yy)

Purchase price

 

 

 

 

 

$

 

 

Market value

 

$

 

 

 

Mortgage balance

 

$

 

 

$

Motor vehicles

 

 

 

 

 

Description

 

 

Value

$

 

 

 

 

Amount owing

$

 

Bank accounts

 

 

 

 

 

Type

 

Bank/Branch

Balance

$

$

 

 

 

 

 

 

Type

 

Bank/Branch

Balance

$

$

 

 

 

 

 

 

Other assets

 

 

 

 

 

RRSP’s

 

Institution

Balance

$

$

 

 

 

 

 

 

Household contents (appliances, electronics, computers, furniture, etc.)

 

Description

 

 

Value

$

$

 

 

 

 

 

 

 

 

 

 

 

 

Recreational equipment (boats, vehicles, etc.)

 

Description

 

 

Value

$

$

 

 

 

 

 

 

 

 

 

 

 

 

Art, jewellery, cameras, collections (specify)

Value

$

$

 

 

 

 

 

 

 

 

 

 

Total

$


Summary of Statement of Finances - Section VII


Part 1 - Monthly income and expenses

 

 

 

 

Enter total amount from monthly total of Section II, page 7

A

Total monthly income

 

 

 

 

 

 

 

Enter total monthly expenses from Section III, page 8

B

Total monthly expenses

 

 

 

 

 

 

 

Subtract B from A. Enter total in C

C

Total disposable income as per statement

 

 

 

 

 

Enter total monthly payments from Section III, page 9

-D

Total monthly payments

 

 

 

 

 

 

Subtract D from C. Enter total in E

E

Total net income as per statement

 

 

 

 

 

Part 2 - Total assets and liabilities

 

 

 

 

Enter total assets from Section IV, page 12

 

 

F

Total assets

 

 

 

 

 

Enter total amount outstanding from Section III, page 9

G

Total amount outstanding

 

 

 

 

 

 

Enter total liabilities from Section IV, page 11

+H

Total liabilities

 

 

 

 

 

 

 

Add G + H. Enter total in I

I

 

-I

 

 

 

 

Net worth as per stmt.

Subtract I from F. Enter total in J

 

 

J

 

 ________________________________________________________________ 

Form 2
Notice of Garnishment

issued pursuant to the Nova Scotia Maintenance Enforcement Act

 

MEP Case No:

Garnishment ID

TO: Garnishee

(address)

RE: (Payor)


You are hereby served with this Notice of Garnishment and you are required to deduct from money you owe the payor amounts to satisfy maintenance arrears in the amount of $__________ and to settle ongoing maintenance payments when they become due as follows:

 

1.    $                                  due on

2.    $                                  due on

3.    $                                  due on


This garnishment expires on _______________________. You are required to make deductions until the expiry of this notice. You must send all funds that you deduct from the money you owe the payor to the Director of Maintenance Enforcement forthwith.


If you owe the payor a WAGE, then you are to deduct 25% from the gross pay you owe the payor and remit this amount to the Director along with the regular maintenance payment until such a time as the arrears listed above are paid in full. This 25% is to be deducted from each pay cheque you give to the payor. If there are no arrears listed above, then you are to deduct the ongoing maintenance payments from the payor’s wage as they become due. There is also a fee of $ prescribed in the Maintenance Enforcement Regulations that the payor owes for the issuance of a garnishment, which must be deducted from the payor’s exempt amount. Deduct this amount and add it to your first payment.


If the money you owe is not a WAGE, then you are to deduct the lesser of

 

       (1)    the arrears amount listed above plus the amount of $ for the payor’s future maintenance obligations, and

 

       (2)    100% of the money you owe,


and remit these funds to the Director immediately. You are also required to make deductions from any further funds that come due by you to the payor. There is a fee of $     prescribed in the Maintenance Enforcement Regulations that the payor owes for the issuance of a garnishment. If, after you have deducted the amount owed for arrears and the payor’s future maintenance obligations, there are still funds left owing by you to the payor, then add the prescribed fee of $ to the amount and remit it with your payment.


Make cheques payable to the Director of Maintenance Enforcement. On the cheque or money order you must write the payor’s name and MEP Case No. as shown on the top of

this notice. Send all payments to:


Nova Scotia Maintenance Enforcement Program

Central Payment Processing Unit

P.O. Box 803

Halifax, N.S. B3J 2V2


You must complete and return the enclosed Response by Garnishee form within 10 days after you receive this notice, even if you do not owe anything to the payor.


If you do not pay as set out in this notice you should be aware that you may be taken to court and that the court has the authority to require you to pay the amount you failed to pay, as well as impose additional penalties and fines on you.


Dated ______________________, 19___ [20__].


____________________________________

Enforcement Officer on behalf of the

Director of Maintenance Enforcement


Response by Garnishee

Under the Maintenance Enforcement Act

 

MEP Case No:

Garnishment ID No.

 

TO: Director, Maintenance Enforcement Program

(address)

 

FROM:    (Garnishee, address)

 

RE: (Name of payor)


Concerning the enclosed notice of garnishment, complete either Part 1 or Part 2:


Part 1

If you agree that you owe or will owe money to the payor, briefly describe the amount(s) and date(s) due, etc., in this space.

I am indebted to the Payor as follows:

 

 

 


or


Part 2

If you disagree that you owe money to the payor, briefly describe in this space.

I, _______________________, representing the Garnishee, dispute the fact that any money is or will be owing by me to the Payor:

 

 

 


If you want to receive future correspondence by fax, please write your fax number here:


 

Dated __________, 19___ [20__.]                                                                                           

Signature of Garnishee


You must return this response to the office listed at the top of this form within 10 days of receipt of the notice of garnishment. Please make a photocopy of this form for your own record.

Form 2 amended: O.I.C. 2017-261, N.S. Reg. 156/2017.

 ________________________________________________________________ 

Form 3
Notice of Variation of Garnishment

issued pursuant to the Notice Scotia Maintenance Enforcement Act

 

MEP Case No:

Garnishment ID

TO: Garnishee

(address)

RE: (Payor)


You are hereby served with this Notice of Variation of Garnishment. You must disregard the previous Notice of Garnishment ID No. _________________ dated ________________, 19___ [20__], and now deduct money in accordance with the terms of this Notice of Variation of Garnishment.


You are required to deduct from money you owe the payor amounts to satisfy the maintenance arrears in the amount of $______________________ and to settle ongoing maintenance payments as they become due as follows:

 

1.       $                               due on

2.       $                               due on

3.       $                               due on


This garnishment expires on ________________. You are required to make deductions until

the expiry of this notice. You must send all funds that you deduct from the money you owe the payor to the Director of Maintenance Enforcement forthwith.


If you owe the payor a WAGE, then you are to deduct 25% from the gross pay you owe the payor and remit this amount to the Director along with the regular maintenance payment until such a time as the arrears listed above are paid in full. This 25% is to be deducted from each pay cheque you give to the payor. If there are no arrears listed above, then you are to deduct the ongoing maintenance payments from the payor’s wage as they become due. There is also a fee of $ prescribed in the Maintenance Enforcement Regulations that the payor owes for the issuance of a garnishment, which must be deducted from the payor’s exempt amount. Deduct this amount and add it to your first payment.


If the money you owe is not a WAGE, then you are to deduct the lesser of

 

          (1) the arrears amount listed above plus the amount of $ for the payor’s future maintenance obligations, and

 

          (2) 100% of the money you owe,


and remit these funds to the Director immediately. You are also required to make deductions from any further funds that come due by you to the payor. There is a fee of $ prescribed in the Maintenance Enforcement Regulations that the payor owes for the issuance of a garnishment. If, after you have deducted the amount owed for arrears and the payor’s future maintenance obligations, there are still funds left owing by you to the payor, then add the prescribed fee of $ to the amount and remit it with your payment.


Make cheques payable to the Director of Maintenance Enforcement. On the cheque or money order you must write the payor’s name and MEP Case No. as shown on the top of this notice. Send all payments to:


Nova Scotia Maintenance Enforcement Program

Central Payment Processing Unit

P.O. Box 803

Halifax, N.S. B3J 2V2


You must complete and return the enclosed Response by Garnishee form within 10 days after you receive this notice, even if you do not owe anything to the payor.


If you do not pay as set out in this notice you should be aware that you may be taken to court and that the court has the authority to require you to pay the amount you failed to pay, as well as impose additional penalties and fines on you.


 


Dated _______________, 19___ [20__].                                                                                

Enforcement Officer on behalf of the Director

of Maintenance Enforcement


Response by Garnishee

Under the Maintenance Enforcement Act

 

MEP Case No:

Garnishment ID No.

 

TO:          Director, Maintenance Enforcement Program

(address)

FROM:    (Garnishee, address)

RE:          (Name of payor)


Concerning the enclosed notice of variation of garnishment, complete either Part 1 or Part 2:


Part 1

If you agree that you owe or will owe money to the payor, briefly describe the amount(s) and date(s) due, etc., in this space.

I am indebted to the Payor as follows:

 

 

 


or

Part 2

If you disagree that you owe money to the payor, briefly describe in this space.

I, _______________________, representing the Garnishee, dispute the fact that any money is or will be owing by me to the Payor:

 

 

 


If you want to receive future correspondence by fax, please write your fax number here:


 

Dated __________, 19___ [20__.]                                                                                           

Signature of Garnishee


You must return this response to the office listed at the top of this form within 10 days of receipt of the notice of garnishment. Please make a photocopy of this form for your own record.

Form 3 amended: O.I.C. 2017-261, N.S. Reg. 156/2017.

 ________________________________________________________________ 

Form 4

19___ [20__].F. No.

IN THE FAMILY COURT

S.S.


BETWEEN


Applicant

and

Respondent

 

Debt,       $

Costs, 

Judg’t.     $


Judgment entered in the above action for the ___________ against ___________________

_____________________________ for $___________ debt and $____________ costs of suit, amounting in all to $_________________


Clerk


I, ____________________, Clerk of the Family Court of Nova Scotia, at _____________, Nova Scotia, do certify that the foregoing is a true copy of the original Judgment

in the above cause, which Judgment was duly signed on __________________, 19___ [20__].

GIVEN under the seal of the Court at ____________________, on ____________, 19___ [20__].


Clerk


NOVA SCOTIA

                S.S.                    Office of Registry of Deeds,


I certify that the foregoing true copy of a Judgment duly certified by the Clerk of the Family Court under the Seal of the Family Court at _________________________ was produced to be registered in this office at the hour of ________, the ___ day of __________ one thousand nine hundred and [two thousand and] ______________ and was registered accordingly in Book ____, page ____.


________________________

Registrar of Deeds

 ________________________________________________________________ 

Form 5
Satisfaction Piece

 

19____ [20___].F. No.


IN THE FAMILY COURT


BETWEEN


Applicant

and

Respondent


Satisfaction is hereby acknowledged of the Judgment entered herein on _______________, 19___ [20__], for the sum of $__________ debt and $___________ costs recorded at the Registry of Deeds at _____________, N.S., in Book _________ at page _____.


Dated at _______________, Nova Scotia, on _________, 19___ [20__].


 

Solicitor for

 ________________________________________________________________ 

Form 6
Notice to Administrator of Intention to Attach Pension Entitlement

issued pursuant to the Maintenance Enforcement Act (Nova Scotia)


MEP Case ID: _____________

 

TO: Administrator (name and address of administrator)

RE: (payor)


NOTE: For purposes of an attachment of the pension entitlement of a payor under the Maintenance Enforcement Act, “pension entitlement” of a payor means the amount of money in a pension plan of a payor that is available for attachment pursuant to the Maintenance Enforcement Act. A “pension plan” also includes a registered retirement savings plan established by a contract that is a retirement savings arrangement prescribed by regulations made pursuant to the Pension Benefits Act (Nova Scotia).


TAKE NOTICE THAT:

 

1.    This Notice is served on you pursuant to Section 27C of the Maintenance Enforcement Act, with respect to the payor, (payor’s name), who we believe has a pension entitlement in a pension plan that you administer. Sections 27A to 27F of the Maintenance Enforcement Act authorize the Director of Maintenance Enforcement to attach the payor’s pension entitlement and apply the money received to the payor’s obligations under a maintenance order filed with the Director pursuant to the Maintenance Enforcement Act.

 

2.    This Notice requires you to provide the following information within 30 days after you receive this notice:

 

                (a)    the most recent address in your records for the payor;

 

                (b)    confirmation, where applicable, that

 

                         (i)     neither the payor nor the payor’s employer on his or her behalf is currently required to and is making contributions to the pension plan that you administer, and

 

                         (ii)    the payor is not receiving a pension benefit from the pension plan that you administer,

 

and if you are unable to provide confirmation, full written reasons must be provided;

 

                (c)    if neither the payor nor the payor’s employer on his or her behalf is currently required to and is making contributions to the pension plan that you administer and the payor is not receiving a pension benefit from the pension plan that you administer, the value of the payor’s pension entitlement as of the date of this Notice;

 

                (d)    your mailing address; and

 

                (e)    the address where personal service of notices and documents can be effected on you for purposes of the Maintenance Enforcement Act and the regulations made pursuant to the Act.

 

3.    You shall provide the information described in paragraph 2 to the Director of Maintenance Enforcement within 30 days after you receive this Notice by completing the enclosed Response by Administrator to Notice to Administrator of Intention to Attach Pension Entitlement (Form 6) and mailing it by registered mail to the following postal address or by delivering it personally to the regional office of the Director that is listed on the attached Response by Administrator to Notice to Administrator of Intention to Attach Pension Entitlement (Form 6). The postal address of the Director is as follows:

 

Nova Scotia Maintenance Enforcement Program

PO Box 803

Halifax, NS B3J 2V2

 

4.    You shall also provide the information described in paragraph 2 of this Notice to the payor by forwarding a copy of the completed Response by Administrator to Notice to Administrator of Intention to Attach Pension Entitlement (Form 6) by ordinary mail to the most recent address in your records for the payor.

 

5.    Subsection 27D(2) of the Maintenance Enforcement Act prohibits you from paying out any of the payor’s pension entitlement at the payor’s direction, until 60 days after

 

                (a)    the date on which the Director of Maintenance Enforcement receives the information that you are required to provide to the Director in paragraph 2 of this Notice; or

 

                (b)    the date a court orders that the payor’s pension entitlement may be attached, if the payor serves you with a notice of application to the court to dispute this attachment.

 

Dated                          , 20 .

 

 

Director of Maintenance Enforcement

 

                  Response by Administrator to Notice to Administrator of Intention
to Attach Pension Entitlement (Form 6)

under the Maintenance Enforcement Act


MEP Case ID: ___________


FOR PERSONAL DELIVERY

TO:          Director, Maintenance Enforcement Program

(address of regional office)

 

FROM:    (Administrator, postal address)

 

RE:          (Name of payor)


Concerning the Notice to Administrator of Intention to Attach Pension Entitlement of Payor: Administrator must complete either Part 1 or Part 2.

Administrator must also complete Part 3.


Part 1

Instructions to Administrator - If the payor does not have a pension entitlement in a pension plan that you administer, complete Parts 1 and 3.


I, __________________, Administrator, confirm that the payor does not have a pension entitlement in a pension plan that is administered by the undersigned Administrator.

OR

Part 2

Instructions to Administrator - If the payor has a pension entitlement in a pension plan that you administer, complete Parts 2 and 3.


I, ____________________, Administrator, confirm that:

 

1.    The payor has a pension entitlement in a pension plan that is administered by the undersigned Administrator.

 

2.    The most recent address for the payor in the records of the undersigned Administrator is:




Instructions to Administrator: delete the paragraph 3 that does not apply to you.

 

3.    I can confirm that:

 

       (a)    neither the payor nor the payor’s employer on his or her behalf is currently required to and is making contributions to the pension plan administered by the undersigned Administrator; and

 

       (b)    the payor is not receiving a pension benefit from the pension plan administered by the undersigned Administrator.


OR

 

3.    I cannot confirm that:

 

       (a)    neither the payor nor the payor’s employer on his or her behalf is currently required to and is making contributions to the pension plan administered by the undersigned Administrator; and

 

       (b)    the payor is not receiving a pension benefit from the pension plan administered by the undersigned Administrator.

 

The reasons that I am not able to confirm are as follows:




 

4.    The value of the payor’s pension entitlement available for attachment under the Maintenance Enforcement Act as of the date of the Notice to Administrator of Intention to Attach Pension Entitlement (Form 6), is $_________.


Part 3

 

(a) [1.]     The address for service of notices or documents by mail by the Director of Maintenance Enforcement on the undersigned Administrator is:




 

(b) [2.]     The mailing address for the undersigned Administrator is:




 

(c) [3.]     I want to receive future correspondence from the Director of Maintenance Enforcement by fax. My fax number for future correspondence from the Director of Maintenance Enforcement is:                                                                                   


Dated ____________, 20 .


_____________________________________

Signature of Administrator

_________________________

Telephone number


Instructions to Administrator: you must return this Response to the Director of Maintenance Enforcement within 30 days of receipt of the Notice to Administrator of Intention to Attach Pension Entitlement (Form 6) by either:

 

       1)     mailing the Response by registered mail to the postal address of the Director of Maintenance Enforcement referred to in paragraph 3 of that Notice (Form 6); or

 

       2)     delivering the Response personally to the regional office of the Director as indicated on the Response.


In addition, you must forward a copy of this Response to the payor, within 30 days of receipt by you of the Notice to Administrator of Intention to Attach Pension Entitlement (Form 6), by mailing the Response by ordinary mail to the most recent address in your records for the payor.


Form 6 added: O.I.C. 2001-364, N.S. Reg. 94/2001.

 ________________________________________________________________ 

Form 7
Notice to Payor of Intention to Attach Pension Entitlement

issued pursuant to the Maintenance Enforcement Act (Nova Scotia)


MEP Case ID: _________

 

TO: Payor

(name and address of payor)

 

RE: (payor)


TAKE NOTICE THAT:

 

1.    The Director of Maintenance Enforcement may attach your pension entitlement to enforce a Maintenance Order filed with the Director of Maintenance Enforcement.

 

2.    The Administrator has been directed to provide information regarding your pension entitlement to the Director of Maintenance Enforcement and to you within 30 days. A copy of the Notice to the Administrator is attached (Form 6).

 

3.    To stop the Director of Maintenance Enforcement from attaching your pension entitlement, you must immediately contact the Director of Maintenance Enforcement and make arrangements satisfactory to the Director for payment of the outstanding arrears of maintenance payments and to comply with the maintenance order filed with the Director.

 

4.    You may apply within 30 days to the court pursuant to Section 27E of the Maintenance Enforcement Act for an order that your pension entitlement not be attached and the court may agree if you demonstrate one of the following:

 

                (a)    you are less than 3 months in arrears on your maintenance payments;

 

                (b)    either you or your employer on your behalf are required to make contributions to the pension plan that the Director of Maintenance Enforcement proposes to attach; or

 

                (c)    you are receiving a pension benefit from the pension plan.

 

5.    If the Director of Maintenance Enforcement attaches your pension entitlement, you will be responsible for the following:

 

                (a)    the fees payable to the Director of Maintenance Enforcement under the Maintenance Enforcement Act and regulations;

 

                (b)    any costs and fees that the Administrator is entitled to charge respecting the attachment, and if your pension entitlement is subject to the Pension Benefits Act (Nova Scotia), the Administrator may deduct the costs of complying with the attachment in the manner set out in the regulations made pursuant to Section 71A of the Pension Benefits Act (Nova Scotia);

 

                (c)    income tax consequences resulting from the attachment of your pension entitlement.


ALSO TAKE NOTICE THAT: if the Director of Maintenance Enforcement attaches your pension entitlement, there will be a reduction in the value of your entitlement in the pension plan in accordance with the law applicable to your pension plan.

 

Dated                , 20 .


 

Director of Maintenance Enforcement

 

 

Address

 

Telephone number

Form 7 added: O.I.C. 2001-364, N.S. Reg. 94/2001.

 ________________________________________________________________ 

Form 8
Notice of Attachment of Pension Entitlement

issued pursuant to the Maintenance Enforcement Act (Nova Scotia)


MEP Case ID: _____________

 

TO: Administrator

(name and address of administrator)

 

RE: (payor)


TAKE NOTICE THAT:

 

1.    This Notice is served on you pursuant to Section 27F of the Maintenance Enforcement Act, with respect to the payor, ___________________________, (payor’s name) and the payor’s obligations under the maintenance order(s) filed with the Director pursuant to the Maintenance Enforcement Act.

 

Sections 27A to 27F of the Maintenance Enforcement Actauthorize the Director of Maintenance Enforcement to attach the payor’s pension entitlement and apply the money received to the payor’s obligations under the maintenance order(s) filed with the Director pursuant to the Maintenance Enforcement Act.

 

2.    According to the information provided by you to the Director of Maintenance Enforcement on _____________________ (date information was received) pursuant to the Notice to Administrator of Intention to Attach Pension Entitlement (Form 6), the payor’s pension entitlement is $__________ (amount) as at ________ (date).

 

3.    Within 45 days after you receive this Notice, you shall deduct from the payor’s pension entitlement the amount of withholding tax that you are required by law to remit to the Canada Customs and Revenue Agency, respecting the attachment of the payor’s pension entitlement, and any costs and fees that you are entitled to deduct pursuant to the Act that governs the pension plan that you administer. If the Pension Benefits Act (Nova Scotia) governs the pension plan that you administer, the costs that you may deduct are prescribed by regulations made pursuant to Section 71A of that Act.

 

You shall then send to the Director of Maintenance Enforcement a cheque or money order in an amount equal to the lesser of:

 

       (a)    $_____________ (the arrears of maintenance payments under the maintenance order(s) filed with the Director); and

 

       (b)    the remainder of the payor’s pension entitlement after deduction of the withholding tax, and any costs and fees that you are entitled to deduct pursuant to the Act that governs the pension plan that you administer.

 

4.    If you fail to comply with this notice, judgment may be entered against you for the amount in default, without further notice to you.

 

5.    You shall forward the amount determined pursuant to paragraph 3 by cheque or money order payable to the Director of Maintenance Enforcement at the following address:

 

Maintenance Enforcement Program Office

46 Portland Street, 6th floor

Dartmouth NS B3J 2V2

 

Mailing Address:

Maintenance Enforcement Program

PO Box 803

Halifax NS B3J 2V2

 

6.    An extra copy of this notice is provided and you shall deliver or mail it to the payor as soon as possible. You may deliver the notice to the most recent address in your records for the payor.


Dated _____________________, 20___.


________________________________

Director of Maintenance Enforcement

________________________________

Telephone number

Form 8 added: O.I.C. 2001-364, N.S. Reg. 94/2001.