Stay of Enforcement in Alberta: Temporary Relief from Maintenance Enforcement Actions
Life is unpredictable. Job loss, illness, injury, or other sudden changes can make it impossible for a payor to comply with a court-ordered support obligation. When this happens, enforcement actions by Alberta’s Maintenance Enforcement Program (MEP) can add significant stress to an already difficult situation.
A stay of enforcement may provide temporary relief. At OP Lawyers LLP, our Calgary Family Lawyers can assist clients in understanding their rights, assessing eligibility, and navigating the court process to seek a stay of enforcement when circumstances genuinely warrant it.
Understanding Alberta’s Maintenance Enforcement Program (MEP)
The Maintenance Enforcement Program in Alberta is responsible for enforcing court-ordered child and spousal support. Once a support order or agreement is filed with the court, MEP has broad enforcement powers, including:
- Interest charges;
- Wage garnishment;
- Seizure of bank accounts and lump-sum payments;
- Suspension of driver’s licences and passports;
- Registration of writs and property liens; and
- Reporting to credit bureaus and professional organizations
While these measures are designed to ensure compliance, they can become overwhelming when a payor’s financial situation changes unexpectedly.
What Is a Stay of Enforcement?
A stay of enforcement is a court order that temporarily suspends MEP’s enforcement actions. It is intended to provide short-term relief while underlying issues—such as an appeal, a variation application, or financial hardship is addressed. A stay does not cancel the support obligation. Support remains owing, and arrears may continue to accrue unless the court orders otherwise. However, a stay can pause certain enforcement measures and prevent penalties and interest on amounts covered by the stay. By contacting one of our Calgary Family Lawyers, we can provide guidance and support for stay of enforcement applications
Circumstances Where a Stay May Be Granted
Courts grant stays of enforcement sparingly and only where compelling evidence is presented. Common situations include:
Financial Hardship: A sudden and significant change in financial circumstances such as job loss, serious illness, or unexpected financial obligations may justify a stay if the payor can demonstrate an inability to comply with the existing order.
Pending Court Proceedings
If the payor has filed:
- an appeal of the support order, or
- an application to vary support, cancel arrears, or correct errors;
The court may grant a stay while those proceedings are ongoing.
Incarceration: Incarceration does not automatically suspend enforcement, but courts may consider it as part of a broader assessment of fairness and practicality.
Errors in the Support Order: Where a support order was based on incorrect financial information or miscalculations, a stay may be granted until the issue is resolved.
Agreement Between the Parties: In some cases, both parties agree to temporarily pause enforcement. Any such agreement must be approved by the court to be legally effective.
Required Steps Before Applying to Court
Before a court considers granting a stay, the payor must generally demonstrate that they attempted to negotiate a payment plan with MEP. This often involves:
- Submitting a Statement of Finances to MEP
- Attempting to establish a reasonable payment arrangement
If no agreement can be reached, MEP may issue written confirmation that negotiations failed, which can be used as evidence in court.
How to Apply for a Stay of Enforcement in Alberta
- Filing a court application requesting a stay of enforcement, supported by evidence such as financial records, medical documentation, or proof of pending proceedings
- Serving the application on both MEP and the support recipient
- Attending a court hearing, where the judge will assess the merits of the request
- Receiving the court’s decision, which may grant or deny the stay, often with conditions
Because procedural errors can undermine an otherwise valid application, legal guidance is strongly recommended.
What Enforcement Measures May Continue During a Stay?
The process typically involves:
A stay of enforcement does not halt all enforcement activity. Even when a stay is in place, MEP may continue or maintain certain measures, including:
- Wage support deduction notices
- Non-wage deductions (such as inheritances or settlements)
- Federal support deduction notices
- Writs filed at the Personal Property Registry
- Liens registered on property
Additionally, some restrictions, such as driver’s licence suspensions or federal licence denials may remain in effect until arrears are reduced or specific payment conditions are met. However, while a stay is active, MEP generally refrains from actions such as credit bureau reporting, seizures under the Civil Enforcement Act, and licence restrictions.
Penalties and Interest During a Stay
MEP does not impose default penalties or interest on amounts covered by a stay of enforcement. To avoid penalties on amounts not included in the stay, payors should continue making payments where possible or promptly arrange a payment plan with MEP.
Why Legal Advice Matters
Applications for a stay of enforcement are highly fact-specific and require careful preparation. Courts expect full financial disclosure, good-faith efforts to resolve the issue, and strict compliance with procedural requirements.
At OP Lawyers LLP, we help clients:
- Assess whether a stay is appropriate
- Prepare clear and persuasive court applications
- Negotiate with MEP where possible
- Protect their rights while working toward a sustainable long-term solution
Conclusion
Support enforcement proceedings can have serious and immediate consequences, particularly when a payor is already experiencing financial or personal hardship. While Alberta’s Maintenance Enforcement Program plays an important role in ensuring that support obligations are met, the law also recognizes that circumstances can change in ways that make strict enforcement temporarily unfair or impractical. A stay of enforcement exists to address those situations—but it is a discretionary remedy, not an automatic one.
Successfully obtaining a stay requires more than simply showing financial difficulty. Courts expect clear evidence, full financial disclosure, proof of good-faith efforts to work with MEP, and strict compliance with procedural requirements. Even when a stay is granted, it does not eliminate the underlying support obligation, and missteps during the process can lead to continued enforcement or additional complications.
At OP Lawyers LLP, our Calgary Family Lawyers understand the pressure and uncertainty that enforcement actions can create. Our team takes a strategic, detail-oriented approach to stay of enforcement applications, helping clients present their circumstances clearly and effectively while working toward longer-term solutions such as variation applications or negotiated payment arrangements. We aim to reduce immediate enforcement stress while positioning our clients for sustainable outcomes.
If you are facing enforcement action or believe your situation may justify a stay of enforcement, obtaining timely legal advice is essential. OP Lawyers LLP is committed to guiding clients through this complex process with clarity, diligence, and practical solutions, so you can move forward with confidence and regain financial stability.
Disclaimer: This blog post is intended for informational purposes only and does not constitute legal advice. For advice specific to your circumstances, please consult a qualified lawyer at OP Lawyers LLP or another legal professional.