Maintenance Enforcement Act Changes Would Support Families
JUSTICE--Maintenance Enforcement Act Changes Would Support Families
Families who are owed money through maintenance orders will benefit from proposed changes to the Maintenance Enforcement Act, introduced today, Sept. 27, by Justice Minister Michael Baker.
"Payors who default on their obligations to support their families will find it more difficult to avoid paying," said Mr. Baker. "Our goal is to help a spouse or children get the money they're owed -- the full amount, and on time. These amendments are a positive step forward."
Among the proposed amendments:
- an expanded definition of income source to include a shareholder's loan or dividends on shares and money from a trust in which a payor holds a beneficial interest;
- garnishment of income can now cover "any monies payable," not just "remuneration";
- authorizes the program to register a maintenance order against a payor's personal property;
- permits the release of information about a payor to other jurisdictions, who can enforce an order on behalf of Nova Scotia;
- gives courts the power to demand information from a payor about real and personal property held on the payor's behalf by a corporation or another person;
- allows for charges to be laid against individuals within a corporation who help a payor avoid obligations under the Act. The maximum penalty is up to six months in jail and/or a fine of up to $2,000;
- gives the courts power to order the seizure and sale of property, or to appoint a receiver if the property is held by a corporation or person under the control of the payor.
On average, Nova Scotia's maintenance enforcement program handles 18,000 cases a year. It is successful in obtaining payment in about 75 per cent of cases.
A toll-free information line is available to the public 24 hours a day. The number is 1-800-357-9248. In metro Halifax, call 424- 0050. There is also a maintenance enforcement video available on the Department of Justice website at www.gov.ns.ca/just .