We understand that life can be unpredictable, and sometimes dramatic or urgent changes can occur that affect your ability to make maintenance payments. If you find yourself in this situation, we can help with making an application for a stay (or pause) of enforcement. This can provide you with the time you need to get back on your feet and ensure that your financial obligations are met without the added stress of enforcement actions.
Our team of experienced family law experts can guide you through the process of applying for a stay of enforcement and help you understand your options. We will work tirelessly to ensure that your rights are protected and that you are able to navigate the legal system with confidence.
If you need help with a stay of enforcement application, contact Spectrum Family Law today. Our team of experts is here to help you navigate the legal system and achieve the best possible outcome for you and your family.
When can you apply for a stay of support enforcement in Alberta?
The support obligations for a payor spouse can be severe. Sometimes, circumstances change and the original court order no longer fairly reflects the situation. It can become impossible for the payor to pay what is due. In this situation, you can apply for a stay of support enforcement. This is a temporary suspension of enforcement of the financial support order by the local support enforcement agency. You may be eligible for a stay of support enforcement in the following circumstances: You appeal the court order that has granted support – this will not automatically suspend the enforcement, but if the court agrees that the appeal is on valid grounds, a stay may be granted. Your financial position changes – a sudden or unexpected change in financial circumstances may require an application to cancel arrears and modify an order, resulting in a stay of enforcement until the matter is settled. You are incarcerated – again, this will not automatically suspend enforcement, but the court may be sympathetic to your situation, depending on the circumstances.
- Division of property is pending – if the marital property has not yet been divided in divorce proceedings, the court may grant a stay of enforcement.
- Delays to enforcing the order – if you are negatively impacted by a delay and then sudden enforcement of an order, the support enforcement can be stayed.
- Questions over the validity of an order – if a financial support order is granted overseas or in another Canadian province, it may be called into question by the Alberta courts.
How do you apply for a stay of enforcement in Alberta?
The local enforcement agency will not automatically stop enforcing an order issued by the court, even if there are valid grounds for a stay of enforcement. The payor must apply to the court for a stay of enforcement of the order. According to the Maintenance Enforcement Act, you may apply to the court for a stay for a period of up to nine months if:
You have made attempts to enter a payment arrangement with MEP, and there are valid reasons for being unable to do so
You have valid reasons for not paying the arrears or ongoing financial support.
We currently have three offices across Alberta — Edmonton, Calgary, and Red Deer. We serve the entire province of Alberta (and BC). We also have the infrastructure to work with any of our clients virtually — even the furthest regions of Alberta.
We also have a dedicated intake form to help you get the ball rolling. Our intake team will review your specific case and advise you on the next steps to take as well as what to expect moving forward. That’s the best way to schedule an appointment
Our offices are generally open 8:30 a.m.—4:30 p.m., Mon—Fri.
Dustin has zealously advocated for his clients at all levels of court in Alberta. Dustin has extensive civil litigation experience, as well as a background in family and divorce law.