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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 (effective March 5, 1996), N.S. Reg. 40/1996
as amended to O.I.C. 2018-73 (effective March 27, 2018), N.S. Reg. 49/2018
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),
(B) Sections 3, 11, 19 or 21 of the Old Age Security Act (Canada), or
(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.
“pension benefit” means a periodic payment of money to which a person is entitled
pursuant to a pension plan;
“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;
“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.
(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.
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.
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.
(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.
(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.
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.
6 For the purpose of subsection 30(2) of the Act, 21 days from the day the payor receives a
notice is prescribed as the time for the payor to make an arrangement satisfactory to the
Director for complying with the maintenance order.
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.
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.
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;
(b) $46.45, if a cheque received by the Director from the payor is returned to the
Director because of insufficient funds;
(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;
(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,
(ii) $99.50, if the Director is required to issue a garnishment against an
income source of the payor,
(iii) $66.35, if the Director is required to examine the payor in accordance
with Sections 34 and 35 of the Act,
(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,
(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.
(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.
(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).
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.
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.
________________________________________________________________
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 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 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 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 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
Legislative History
Reference Tables
Maintenance Enforcement Regulations
|
N.S. Reg.
40/1996
|
Maintenance Enforcement Act
|
Note: The
information in these tables does not form part of the regulations and is
compiled by the Office of the Registrar of Regulations for reference only. |
Source Law
The current consolidation of the Maintenance Enforcement Regulations made
under the Maintenance Enforcement Act includes all
of the following regulations:
|
|
|
|
40/1996
|
Mar 5, 1996 |
date made |
Mar
29, 1996
|
168/2000 |
Oct
19, 2000
|
date
specified
|
Nov 3,
2000
|
94/2001 |
Jul
26, 2001
|
date
specified
|
Aug
10, 2001
|
117/2001 |
Sep 7,
2001
|
date
made
|
Sep
21, 2001
|
84/2004 |
Apr 1,
2004
|
date
specified
|
Apr 6,
2004
|
122/2007 |
Apr 1,
2007
|
date
specified
|
Mar
30, 2007
|
181/2008 |
Apr 1,
2008
|
date
specified
|
Apr
18, 2008
|
121/2009 |
Apr 1,
2009
|
date
specified
|
Apr
14, 2009
|
96/2011 |
Apr 1,
2011
|
date
specified
|
Apr
15, 2011
|
122/2013 |
Apr 1,
2013
|
date
specified
|
Apr
12, 2013
|
120/2015 |
Apr 1,
2015
|
date
specified
|
Apr 8,
2015
|
156/2017 |
Oct
17, 2017
|
date
specified
|
Oct
27, 2017
|
49/2018 |
Mar
27, 2018
|
date
specified
|
Apr
13, 2018
|
The following regulations are not yet in force and are not
included in the current consolidation:
*See subsection 3(6) of the Regulations Act for
rules about in force dates of regulations.
Amendments by Provision
ad. = added
am. = amended |
fc. = fee change
ra. = reassigned |
rep. = repealed
rs. = repealed and substituted |
|
|
2 ....................................................... |
ra. as 2(1) 94/2001
|
2(1)................................................... |
ra. from 2 94/2001
|
2(1), clause letters removed............. |
am. 156/2017
|
2(1),
defn. of “income”, paragraph (i)(A)............................................ |
am. 156/2017 |
2(1),
defn. of “income”, paragraph (i)(B)............................................. |
am. 156/2017 |
2(1),
defn. of “income”, paragraph (i)(C)............................................. |
rep. 156/2017
|
2(1),
defn. of “income”, subclause (v)................................................. |
ad. 156/2017
|
2(1), defn. of “pension benefit”....... |
ad. 94/2001
|
2(1),
defn. of “prescribed registered retirement savings plan”............... |
ad. 94/2001
|
2(2)................................................... |
ad. 94/2001
|
2A..................................................... |
ad. 156/2017
|
3(6) to 3(8)....................................... |
ad. 94/2001
|
4 ....................................................... |
am. 156/2017
|
5 ....................................................... |
rep. 156/2017
|
6 ....................................................... |
rs.
49/2018
|
8A..................................................... |
ad. 156/2017
|
11(1)................................................. |
rs. 168/2000
|
11...................................................... |
ra. as 12 94/2001
|
11...................................................... |
ad. 94/2001
|
11(a)............................................ |
ra. from 11(k) 117/2001
|
11(b)............................................ |
ra. from 11(l) 117/2001
|
11(k)............................................ |
ra. as 11(a) 117/2001
|
11(l)............................................ |
ra. as 11(b) 117/2001
|
12...................................................... |
ra. as 13 94/2001
|
12...................................................... |
ra. from 11 94/2001
|
12(1)(a) to (c).............................. |
fc. 84/2004, 122/2007, 181/2008, 122/2009, 96/2011,
122/2013, 120/2015 |
12(1)(d)(i) to 12(1)(d)(v)............ |
fc. 84/2004, 122/2007, 181/2008, 122/2009, 96/2011,
122/2013, 120/2015 |
12(2)............................................ |
rs.
94/2001
|
12(3)............................................ |
ad. 94/2001
|
13...................................................... |
ra. as 14 94/2001
|
13...................................................... |
ra. from 12 94/2001
fc. 84/2004, 122/2007, 181/2008, 122/2009, 96/2011,
122/2013, 120/2015 |
14...................................................... |
ra. from 13 94/2001
rs. 94/2001 |
Forms 2 to 3..................................... |
am. 156/2017
|
Forms 6 to 7..................................... |
ad. 94/2001
|
Form 8.............................................. |
ad. 94/2001
am. 117/2001 |
|
|
|
|
Note that changes to headings are not
included in the above table.
Editorial Notes and Corrections:
Repealed and Superseded:
Note: Only
regulations that are specifically repealed and replaced appear in this
table. It may not reflect the entire
history of regulations on this subject matter.