The Family Support Enforcement Act

The Family Support Enforcement Act, C.C.S.M. c. F26 (Assented to June 1, 2022) bilingual version (HTML) Table of Contents Section PART 1 INTRODUCTORY PROVISIONS 1 Definitions 2 Act binds the Crown 3 Application to existing and future orders and agreements PART 2 DIRECTOR RESPONSIBLE FOR SUPPORT ENFORCEMENT 4 Director's designation and mandate 5 Director may delegate 6 Protection from liability 7 Not compellable in civil proceeding PART 3 ENFORCEMENT OF SUPPORT ORDERS APPLICATION OF ENFORCEMENT PROVISIONS 8 Application of enforcement provisions 9 Filing of separation or other agreement 10 Conflict between support order and family arbitration support award 11 Support recipient to provide registration documents 12 Opting in or out of enforcement provisions 13 Assignment of support orders 14 Court may apply enforcement provisions to other orders CHANGING SUPPORT OBLIGATIONS BY AGREEMENT 15 Agreement to change support obligations PAYMENTS TO DIRECTOR AND SUPPORT RECIPIENT 16 Support payor to remit payments to director 17 Director to maintain records 18 Director to record payment and pay support recipient SUSPENDING ENFORCEMENT 19 Administrative suspension by director 20 Support recipient may request review 21 Director must review if new information available 22 Entitlement to information 23 Suspension by court 24 Enforcement actions not affected by court suspension 25 Transitional CEASING OR REFUSING ENFORCEMENT 26 Director may refuse to enforce support order 27 Director may cease to enforce 28 Support recipient to notify of change in child status 29 Eligibility review re support for adult children 30 Information re eligibility of adult child 31 Ceasing enforcement ifadult child ineligible 32 Director may enforce reduced support 33 Reduced support according to table 34 Notice to Director of Assistance or Disability Support 35 Enforcement of foreign order ENFORCEMENT ACTIONS 36 Director to determine default and take action 37 Penalty for default 38 Support recipient may opt out re penalties 39 Director may cancel penalty 40 Various enforcement actions 41 Director may request information 42 Information that may be disclosed 43 Definitions 44 Director may issue support deduction notice 45 Binding effect of support deduction notice 46 Priority of support deduction notice 47 SDN payor's obligations 48 Order to enforce payment 49 Order to determine interests or issues 50 Portion of wages and pension benefits exempt 51 Deemed garnishment for purposes of federal Acts 52 Suspension or cancellation of licence or permit and vehicle registration 53 Order to preserve payor's assets 54 Lien for arrears and ongoing support payments 55 Registration and priority of lien 56 Notice of lien registration 57 Registration in land titles office 58 Court order appointing receiver 59 Court order attaching assets 60 Definitions 61 Enforcement actions re lottery prize 62 Designation of lottery officials 63 Lottery corporation's obligations 64 Protection from liability 65 Interpretation — support payor in default 66 Examination of support payor by director 67 Hearing before judge or associate judge 68 Effect of imprisonment 69 Appeal from associate judge to K.B. judge 70 Judge or associate judge may proceed with hearing or issue warrant 71 Arrest and release of support payor 72 Appeal of detention order ENFORCEMENT OF COURT COSTS 73 Not yet proclaimed TRANSITIONAL 74 Transition — continuation of enforcement PART 4 MISCELLANEOUS PROVISIONS 75 Action required by court order 76 Rights are additional 77 Support recipient may apply for appointment of receiver 78 No limitation period 79 Death of support payor 80 Director may interpret orders 81 Offsetting child support if two support payors 82 Adjustment of instalments 83 Computer printout as evidence 84 No interest payable by government 85 Money received for support recipient not attachable 86 Support payor may be charged fees 87 Offences 88 Regulations PART 5 CONDITIONAL AND CONSEQUENTIAL AMENDMENTS 89 Conditional amendments 90-103 Consequential amendments PART 6 REPEAL, C.C.S.M. REFERENCE AND COMING INTO FORCE 104 Repeal 105 C.C.S.M. reference 106 Coming into force HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows: PART 1 INTRODUCTORY PROVISIONS Definitions 1 The following definitions apply in this Act. "administrative suspension" means an administrative suspension made under section 19. (« suspension administrative ») "approved form" means a form approved by the director. (« formulaire approuvé ») "associate judge" means an associate judge of the Court of King's Bench. (« juge adjoint ») "child support guidelines" means (a) the child support guidelines established by regulation under The Family Law Act or The Family Maintenance Act (now repealed); or (b) the Federal Child Support Guidelines under the Divorce Act (Canada); whichever guidelines apply. (« lignes directrices sur les pensions alimentaires pour enfants ») "child support service" has the same meaning as in The Child Support Service Act . (« service des aliments pour enfants ») "court" means the Court of King's Bench or the Provincial Court, unless the context otherwise requires. (« tribunal ») "default" means a failure by a support payor to make a payment as required by a support order or this Act. (« être en défaut ») "director" , unless otherwise specified, means the director designated under section 4. (« directeur ») "Director of Assistance" means the Director of Assistance designated under The Manitoba Assistance Act . (« directeur des Programmes d'aide ») "Director of Disability Support" means the director designated under section 13 of The Disability Support Act ; (« directeur du soutien pour personne handicapée ») "enforcement provision" means a provision of this Act respecting the enforcement of a support order by the director, including any action the director may take to enforce the payment of support or to obtain information that the director requires to enforce the payment of support. (« mécanisme d'exécution ») "entity" means a group or organization, however structured, and includes a partnership, a corporation, an unincorporated association and a sole proprietorship. (« entité ») "family arbitration support award" means a family arbitration award under The Arbitration Act that includes child support, spousal support or common-law partner support. (« sentence arbitrale familiale accordant des aliments ») "former Act" means The Family Maintenance Act (now repealed). (« loi antérieure ») "government" includes an agency of the government. (« gouvernement ») "income assistance recipient" means a person who is receiving assistance or income assistance as defined in The Manitoba Assistance Act or is a recipient as defined in The Disability Support Act . (« bénéficiaire d'une aide au revenu ») "judge" means a judge of a court. (« juge ») "Manitoba claimant" means a person entitled to all or part of a lottery prize who makes a claim in Manitoba or has a Manitoba address. (« gagnant ») "minister" means the minister appointed by the Lieutenat Governor in Council to administer this Act. (« ministre ») "prescribed" means prescribed by regulation. (Version anglaise seulement) "reciprocating jurisdiction" has the same meaning as in The Inter-jurisdictional Support Orders Act . (« État pratiquant la réciprocité ») "regulation" means a regulation made under this Act. (« règlement ») "support" means financial support. It includes maintenance, alimony, an alimentary pension and a compensatory payment ordered under section 77 of The Family Law Act or section 46.0.1 of the former Act. (« aliments ») "support order" means (a) an order requiring the payment of support that is made by a court under (i) The Family Law Act , (ii) The Child and Family Services Act , (iii) The Inter-jurisdictional Support Orders Act , or (iv) the Divorce Act (Canada), or was made by a court under any of the following repealed Acts: (v) The Child Welfare Act , (vi) The Family Maintenance Act , (vii) The Wives' and Children's Maintenance Act ; (b) a decision of the child support service; (c) a recalculated child support order made under section 39.1 of the former Act; (d) a support order as defined in The Inter-jurisdictional Support Orders Act that has been registered as an extra-provincial order or a foreign order under Part 2 of that Act; (d.1) a decision that has been registered for enforcement under The International Child Support and Family Maintenance (Hague Convention) Act ; (e) anything that, immediately before The Reciprocal Enforcement of Maintenance Orders Act was repealed, was a registered order under that Act or a confirmation order made in Manitoba under that Act; (f) a decision of a child support service in another province or a territory that calculates child support under section 25.01 of the Divorce Act (Canada) or recalculates child support under section 25.1 of that Act; (g) a decision of a designated jurisdiction as defined in the Divorce Act (Canada) that has the effect of varying a support order made by a court under that Act which has been registered and recognized in accordance with section 19.1 of that Act; (h) the support provisions of a separation agreement or other agreement filed with the director under section 9 of this Act or with the designated officer under section 53 of the former Act; (i) an order to which the enforcement provisions have been made applicable by a court under section 14; (j) an agreement under section 15 (agreement to change support obligations); and (k) a family arbitration support award. (« ordonnance alimentaire ») "support payor" means a person required to make payments under a support order. (« débiteur alimentaire ») "support recipient" means a person entitled to receive payments under a support order, and includes (a) the Director of Assistance, or a person acting under their authority, in relation to support payments assigned to the Director of Assistance; (b) the Director of Disability Support, or a person acting under their authority, in relation to support payments assigned to the Director of Disability Support; (c) a government or agency referred to in section 39 of The Inter-jurisdictional Support Orders Act ; (d) a minister, member or agency to whom a support order is assigned under section 20.1 of the Divorce Act (Canada); and (e) an agency under The Child and Family Services Act , in relation to support that is payable to the agency under a court order made under that Act. (« créancier alimentaire ») S.M. 2022, c. 29, s. 26 ; S.M. 2023, c. 10, s. 19 ; S.M. 2023, c. 34, s. 66 . Act binds the Crown 2 This Act binds the Crown. Application to existing and future orders and agreements 3 Except as otherwise provided in this Act, this Act applies to orders and agreements in existence on the day this Act comes into force, as well as to those made or entered into after that day. PART 2 DIRECTOR RESPONSIBLE FOR SUPPORT ENFORCEMENT Designation of director 4(1) The minister must designate a person as the director for the purposes of this Act. Director's mandate 4(2) The director's general mandate is to monitor, record and enforce payments under support orders in accordance with this Act and the regulations. Director may delegate 5(1) The director may delegate to any person any power, duty or function conferred or imposed on the director by or under this Act, including the power to delegate. References to director 5(2) A reference in any Act or regulation to the director may be read, in relation to anything done or to be done under a delegated power, duty or function, as a reference to the delegate. Protection from liability 6 An action or proceeding must not be brought, and no costs may be assessed, against the director or any person acting under the authority of the director for anything done, or omitted to be done, in good faith, in the exercise or intended exercise of a power or duty under this Act or the regulations. Not compellable in civil proceeding 7 The director or any person acting under the director's authority is not compellable as a witness in a civil action or other proceeding to which the director or person is not a party respecting any document or information obtained, received or made under this Act or the regulations, and may not be compelled to produce such documents or information. S.M. 2026, c. 37, s. 28 . PART 3 ENFORCEMENT OF SUPPORT ORDERS APPLICATION OF ENFORCEMENT PROVISIONS Application of enforcement provisions 8(1) Except as otherwise provided in or under this Act, the enforcement provisions apply to (a) a support order made after 1979, unless the support recipient has opted out of enforcement under the former Act or this Act and has not opted back in; and (b) a support order made before January 1, 1980, if the support recipient has opted into enforcement under the former Act or this Act and has not opted out. When enforcement may be commenced 8(2) The director may commence enforcement (a) in the case of a support order made by a court in Manitoba after this Act comes into force, when the director has received (i) a copy of the order signed by the court, and (ii) the registration information required to commence enforcement; (b) in the case of a support order made under the Divorce Act (Canada) by a court in another province or territory, when the order is registered in a court in Manitoba and the director has received the registration information required to commence enforcement; (c) in the case of a decision made by the child support service, when the director has received (i) a copy of the decision made by the child support service, and (ii) the registration information required to commence enforcement; (d) in the case of a support order registered under The Inter-jurisdictional Support Orders Act after this Act comes into force, when the order is so registered and the director has received the registration information required to commence enforcement; (e) in the case of a support order consisting of the support provisions of an agreement filed with the director under section 9, when the director has received the registration information required to commence enforcement and the director registers the agreement in a court; (f) in the case of a support order to which the enforcement provisions of the former Act applied immediately before that Act was repealed, on the day this Act comes into force; (g) in the case of an order to which the enforcement provisions have been made applicable by a court under section 14, when the director has received (i) a copy of the order, (ii) a copy of the court's order under section 14, signed by the court, and (iii) the registration information required to commence enforcement; (h) in the case of a family arbitration support award, when the director has received a copy of the award and the registration information required to commence enforcement and either of the following occurs: (i) the director receives proof that the award has been registered with a court, (ii) the director registers the award with a court; (i) in the case of any other support order, or any support order in relation to which the support recipient has opted out of the enforcement provisions, when (i) the support recipient opts in under section 12, and (ii) the director has received the registration information required to commence enforcement. Notice of enforcement by director 8(3) Subject to the regulations, before commencing the enforcement of a support order, the director must notify the support payor and the support recipient that the support order will be enforced by the director. Agreement may be filed 9(1) Either party to a separation agreement or other agreement to which Manitoba law (other than The Inter-jurisdictional Support Orders Act ) applies may file the agreement with the director only if (a) both parties to the agreement have consented, in a form acceptable to the director, to the filing of the agreement; or (b) the agreement contains a provision requiring or permitting it to be filed with the director. Director to register agreement in court 9(2) The director must register the agreement in a court as soon as possible after it is filed. Conflict between support order and agreement 9(3) For the purpose of applying the enforcement provisions, if an agreement filed under this section conflicts with a support order made by a court, the support order prevails. Conflict between support order and family arbitration support award 10(1) For the purpose of applying the enforcement provisions, if a family arbitration support award conflicts with a support order made by a court, the support order prevails. Exception re family arbitration support award 10(2) As an exception to subsection (1), the director must cease enforcing a support order made by a court and enforce a family arbitration support award if the following conditions are met: 1. The support order was made before the family arbitration support award. 2. The family arbitration support award relates to the same support recipient and support payor as the support order. 3. The family arbitration support award includes a provision that the support recipient and the support payor agree that the terms of the award will be enforceable by the director instead of the terms of the support order. 4. The family arbitration award is registered with the court in accordance with subsection 49(9) of The Arbitration Act . Ceasing enforcement of family arbitration support award 10(3) The director must cease enforcing a family arbitration support award under subsection (2) if a court makes an order that has the effect of varying the prior support order or varying the support provisions of the family arbitration support award. The director must then enforce the court order. Support recipient to provide registration documents 11(1) At the director's request, a support recipient must file completed registration documents, in an approved form, with the director within the prescribed period. Support recipient deemed to opt out 11(2) A support recipient who does not file completed registration documents as required is deemed to have opted out of the enforcement provisions. Support recipient may opt in 12(1) If the enforcement provisions do not apply to a support order, the support recipient may opt in to the enforcement provisions by paying the applicable fee, if any, and filing with the director (a) a written statement indicating that the enforcement provisions are to apply to the order; and (b) any registration information that the director requires to commence enforcement of the order. Support recipient may opt out 12(2) Subject to section 13, the support recipient under a support order may opt out of the enforcement provisions by filing with the director a written statement indicating that the enforcement provisions are not to apply to the order. The enforcement provisions cease to apply to the order on the day the statement is filed. Notice to support payor 12(3) When the support recipient opts in to or out of the enforcement provisions, the director must notify the support payor that the enforcement provisions apply, or that they no longer apply, as the case may be, to the support order. Fee for opting in 12(4) The director may charge the support recipient a fee, in accordance with the regulations, for a statement filed under subsection (1). Assignment of support orders 13 If a support recipient is an income assistance recipient, a support order may be assigned to the Director of Assistance or the Director of Disability Support, as the case may be, and when assigned, the Director of Assistance or the Director of Disability Support is entitled to receive the payments due under the support order. Court may apply enforcement provisions to other orders 14 In addition to the orders set out in the definition "support order" in section 1, a court may make the enforcement provisions applicable to an obligation to pay support under any other order of any court. CHANGING SUPPORT OBLIGATIONS BY AGREEMENT Agreement to change support obligations 15(1) For the purpose of enforcement under this Act, the support payor and the support recipient may, by an agreement that complies with this section, change prospective support obligations under a support order (the "prior support order") even if the support order was made by a court. Form and content of agreement 15(2) The agreement must be in an approved form and must set out the following: (a) the names of the support payor and the support recipient; (b) the prior support order being changed and its date; (c) the income of the support payor; (d) the income of the support recipient if required by the director; (e) a description of the changes being made, including the commencement date of the changes, any new support amount, any changed frequency in required payments and any other details necessary for enforcement; (f) a statement that the agreement may be filed with the director for enforcement. Agreement to be filed with director 15(3) Either party to the agreement may file the agreement with the director. The director must provide a copy of the agreement to the court and the child support service as soon as practicable after the agreement is filed. Termination of agreement 15(4) An agreement filed under subsection (3) may be terminated in writing by any party to the agreement or by a court order. If the agreement is terminated by a party, notice of the termination must be given to the director, who may resume enforcement of the prior support order. Notice to court and the child support service 15(5) The director must give notice of a termination under subsection (4) to the court and the child support service. No agreement if order assigned 15(6) An agreement must not be made under this section if the support recipient is not entitled to receive payments under the prior support order because of an assignment under section 13 or any other applicable law. PAYMENTS TO DIRECTOR AND SUPPORT RECIPIENT Support payor to remit support payments to director 16(1) While the enforcement provisions apply to a support order, the support payor must remit each payment under the order to the director in the prescribed manner. Director may specify manner of payment 16(2) Despite subsection (1) and any provision of a support order or any other order respecting the manner in which payments are to be remitted, the director may refuse a payment remitted in accordance with the order and require a payment to be remitted in the manner specified by the director. Excess cash remittance 16(3) If the amount of a payment being remitted in cash is not divisible by five cents, the director may require the remittance to be rounded up to the nearest five cents. The additional amount is to be credited toward future amounts payable by the support payor. Director to maintain records 17 The director must maintain records to enable the occurrence of a default under a support order to be determined promptly. Director to record payment and pay support recipient 18(1) Upon receipt of an amount from a support payor or from another person on a support payor's behalf, the director must (a) record the payment and deposit it in the government's trust account for payments received by the director; and (b) subject to subsection (2), issue a payment to the support recipient. Restrictions on paying support recipient 18(2) The director is not required to issue a payment to the support recipient (a) in an amount less than $25; (b) before the support recipient has filed completed registration documents with the director; (c) before the payment received by the director has been cleared by the financial institution of the support payor or the financial institution of the person who made the payment on the support payor's behalf; (d) if no amount is currently due and owing to the support recipient; or (e) if the support recipient cannot be located, after reasonable attempts have been made to locate them. Payments to support recipient outside Canada 18(3) In the case of a payment to a support recipient who is located outside Canada, the director may (a) determine the most efficient way to issue a payment, including issuing a payment on a different schedule than the one set out in the support order; and (b) if the support recipient agrees in writing, deduct the costs of issuing the payment from the amount payable. Return payment to support payor if support recipient cannot be located 18(4) If the director is unable to issue a payment to a support recipient because the support recipient cannot be located after the director has made reasonable attempts to locate the support recipient, the director may return the payment to the support payor. Transfer to Consolidated Fund 18(5) If a payment made to the director under the authority of this Act has not been paid to a support recipient or has not been returned to a support payor within five years after having been received, the director may transfer the payment out of the government's trust account for payments received by the director into the Consolidated Fund, and the amount transferred is to be treated as ordinary revenue of the government. Recovery 18(6) If a support recipient or support payor establishes that they have a legal claim to a payment transferred to the Consolidated Fund under subsection (5), the minister must pay the amount transferred to the support recipient or support payor from and out of the Consolidated Fund without further or other authority than this Act. SUSPENDING ENFORCEMENT Administrative suspension 19(1) At the request of the support payor, the director may administratively suspend, in whole or in part, enforcement of a support order if the support payor provides information in writing that satisfies the director that the support payor's circumstances warrant the suspension. Six-month maximum 19(2) An administrative suspension may be made for a period of not more than six months and may be made subject to any conditions that the director considers appropriate. Further requests 19(3) More than one administrative suspension may be made under this section at the request of the support payor. Notice of administrative suspension 19(4) If the director grants a request for an administrative suspension, the director must notify the support payor, the support recipient and the court in writing of the administrative suspension and the reasons for it. Notice of denial of administrative suspension 19(5) If the director denies a request for an administrative suspension, the director must notify the support payor and the court in writing of the denial and the reasons for it. End of suspension 19(6) An administrative suspension ends, and the director may proceed to enforce the support order, immediately after (a) the last day of the suspension period; or (b) the support payor fails to comply with a payment or other condition imposed by the suspension; whichever occurs first. Notice of failure to comply 19(7) If an administrative suspension ends because the support payor failed to comply with a payment or other condition imposed by the suspension, the director must inform the support payor, the support recipient and the court in writing as soon as practicable. Obligation to seek administrative suspension 19(8) A support payor must request an administrative suspension before applying for a suspension order under section 23. Support recipient may request review 20(1) On receiving notice of an administrative suspension under subsection 19(4), the support recipient may request in writing that the director review the administrative suspension and may provide the director with additional written information. Director may cancel, modify or confirm suspension 20(2) After reviewing the administrative suspension and any additional written information provided by the support recipient, the director may cancel, modify or confirm the administrative suspension. Notice of modification or cancellation 20(3) If an administrative suspension is modified or cancelled, the director must notify the support payor, the support recipient and the court in writing of the modification or cancellation and the reasons for it. Notice of confirmation 20(4) If an administrative suspension is confirmed, the director must notify the support recipient of the confirmation. Director must review if new information available 21(1) If the director receives information relevant to an administrative suspension that was not available at the time the administrative suspension was made, the director must review the administrative suspension and the new information and may cancel, modify or confirm the administrative suspension. Notice of modification or cancellation 21(2) If an administrative suspension is modified or cancelled, the director must notify the support payor, the support recipient and the court in writing of the modification or cancellation and the reasons for it. Entitlement to information 22 Despite section 42, the support payor and the support recipient are entitled to information under sections 19, 20 and 21 in accordance with the following rules: 1. A support payor or support recipient is entitled to information only if an administrative suspension has been made by the director. 2. The support recipient is, on request, entitled to a copy of any written information provided by the support payor. 3. The support payor is, on request, entitled to a copy of any written information provided by the support recipient. 4. Neither the support payor nor the support recipient is entitled to a copy of information provided by a third party. 5. The director may remove any contact, identifying or sensitive information prior to providing a copy of information to the support payor or support recipient. Suspension of enforcement by court 23(1) Despite section 38 of The Court of King's Bench Act , the enforcement of a support order under this Act may be stayed or suspended by a court only in accordance with this section. Support payor may apply for suspension order 23(2) A support payor may apply to a court for an order (referred to in this section as a "suspension order") that does one or more of the following: (a) suspends any specified enforcement action taken by the director; (b) subject to section 24, suspends all enforcement actions taken by the director; (c) suspends the director's authority to take any or all enforcement actions that could be taken by the director. Service of application 23(3) The support payor must serve the application, in accordance with the King's Bench Rules , on (a) the support recipient; (b) the Director of Assistance and the Director of Disability Support; and (c) the director if the support recipient resides or is located outside Manitoba. Criteria for initial suspension order 23(4) The court may make a suspension order in response to the application only if the support payor establishes (a) a valid reason for not paying the amounts owing under the support order; and (b) that the support payor (i) has taken all reasonable steps to apply for a variation of the support order or has a valid reason for not doing so, or (ii) has been unable to enter into a payment plan with the director, after making reasonable efforts to do so. Period and conditions of suspension order 23(5) The suspension order (a) must specify the period of the suspension, which must not exceed six months; and (b) may impose any conditions the court considers appropriate. Suspension may be extended 23(6) The court may make an order extending the period of the initial suspension for up to six months if, during the period of the initial suspension, (a) the support payor has applied for a variation of the support order or has taken all reasonable steps to have a prior application for such a variation determined; and (b) the support payor has applied to the court for the extension and served the application in accordance with subsection (3). Period and conditions of extension 23(7) The order extending the period of the initial suspension (a) must specify the period of the extension (up to six months); (b) may modify the conditions that applied to the initial suspension; and (c) may impose any conditions the court considers appropriate. Court may order further extension to avoid serious harm to support payor 23(8) If a support payor has been granted an extension under subsection (6), the court may make an order granting a further extension if (a) during the period of the initial extension, the support payor applied to the court for the further extension and served the application in accordance with subsection (3); and (b) the support payor establishes that (i) they have taken all reasonable steps to have the support order varied or to otherwise address any default in payments under it, and (ii) serious harm to the support payor will result if enforcement by the director is not suspended for a longer period. Period and conditions of further extension 23(9) An order under subsection (8) (a) must specify the period of the further extension; (b) may modify the conditions that applied to the initial extension; and (c) may impose any new conditions the court considers appropriate. End of suspension 23(10) Despite the provisions of a suspension order, the suspension ends, and the director may proceed to enforce the support order, immediately after (a) the last day of the suspension period specified in the order; (b) the support payor fails to comply with a payment or other condition imposed by the suspension order; or (c) in the case of an order under subsection (4) or (6), the day that is six months after the day the order was pronounced; whichever occurs first. Enforcement actions not affected by suspension 24(1) Unless the court orders otherwise, a suspension order under section 23 does not affect any of the following enforcement actions that were commenced before the suspension order was pronounced: (a) registration of the support order in a land titles office; (b) proceedings under The Judgments Act in relation to a support order registered in a land titles office; (c) proceedings to obtain a preservation order under section 53; (d) registration of a financing statement in the Personal Property Registry; (e) enforcement action taken under the Family Orders and Agreements Enforcement Assistance Act (Canada), the Garnishment, Attachment and Pension Diversion Act (Canada) or any other federal law; (f) the provision of information indicating that the support payor is in default under the support order to a personal reporting agency as defined in The Personal Investigations Act . Effect on existing support deduction notice or garnishing order 24(2) If (a) a support deduction notice under section 44 or a garnishing order for support was issued before the enforcement of the support order was suspended by an order under section 23; and (b) the court required the support payor to make any payments as a condition of granting the suspension; the director may suspend the support deduction notice or garnishing order or adjust the amounts attached by it to correspond with the payment condition, but is not required to terminate it. Actions not affected by suspension 24(3) Unless the court orders otherwise, a suspension order under section 23 does not affect (a) the payment to the support recipient of any money that was attached or seized before the order was pronounced; or (b) the director's ability to enforce the payment of fees under section 86. Effect on garnishment of pension benefit credits or PRPP funds 24(4) Despite any provision to the contrary, a suspension order made under section 23 does not affect a garnishing order served under section 14.1 of The Garnishment Act if the garnishing order is served before the suspension order is made. Court may order proceeds held 24(5) As an exception to subsection (4), a suspension order may require the director to hold the proceeds of the garnishing order and not pay them out while the suspension order is in effect. Transitional provision 25(1) If, on the coming into force of this Act, the enforcement of a maintenance order under the former Act was suspended by an order under that Act, the order continues as if it were a suspension order made under section 23 in respect of enforcement under this Act. Suspension order made before Dec. 3, 2011 25(2) If an order suspending enforcement was pronounced before December 3, 2011, the support recipient may apply to the court for an order terminating that order. CEASING OR REFUSING ENFORCEMENT Director may refuse to enforce support order 26 The director may refuse to enforce an obligation under a support order if (a) the provisions setting out the obligation contain errors, are ambiguous or are unsuitable for enforcement; or (b) the amount of support cannot be determined from the face of the order because it depends on a variable that does not appear in the order. Director may cease to enforce 27(1) Subject to section 34, the director may cease enforcement of a support order if the support recipient fails to provide information or a statutory declaration as required by subsection 41(1) or by an order made under subsection 41(5). Ceasing enforcement when support recipient cannot be located 27(2) The director may cease enforcement of a support order if, after making reasonable attempts, the director is unable to locate the support recipient to (a) issue payment; or (b) confirm the requirement for continued enforcement of support or arrears. Support recipient to notify of change in child status 28 A support recipient who has reason to believe that the director is enforcing a support obligation for an adult child when that obligation is no longer eligible for enforcement must immediately notify the director of that fact. Eligibility review re support for adult children 29(1) The director may conduct periodic reviews to determine whether an obligation under a support order to pay support for an adult child remains eligible for enforcement. Considerations 29(2) In making a determination under subsection (1), the director must consider the adult child's particular living situation and circumstances, including whether the child is unable to live independently because of illness, disability or other reason, such as attending secondary or post-secondary studies. Presumption if adult child 24 years of age or older 29(3) The director must apply a presumption that a support obligation for a child who is 24 years of age or older is not eligible for enforcement unless the support order clearly states that support is to continue to be enforced after the age of 24. For this purpose, a statement in the order to the effect that support is payable until further order of the court is not sufficient to rebut the presumption. Onus re adult child 24 years and older 29(4) The support recipient has an onus to prove that a support obligation for a child who is 24 years of age or older remains eligible for enforcement. When support recipient may be asked for information 30(1) The director may request the support recipient to provide information to the director sufficient to allow the director to determine whether a support obligation for an adult child remains eligible for enforcement under section 29. The director may request the information from the support recipient when requested to do so by the support payor, but the director may refuse if the frequency of requests for information by the support payor is unreasonable. When no request for information may be made 30(2) The director must not request information under subsection (1) if the support order specifies a date on which support for an adult child will terminate. Support payor to provide information 30(3) When the support payor has asked the director to request information from the support recipient, the support payor must provide to the director any information, along with supporting documentation, that the support payor has relating to whether the support obligation for the adult child remains eligible for enforcement. Support recipient's response 30(4) The support recipient must provide the information requested by the director under subsection (1), along with any supporting documentation, within the time period required by the director. Entitlement to information 30(5) Despite section 42 (information that may be disclosed), both the support recipient and the support payor are entitled to a copy of any information the other has provided to the director for the purposes of this section or section 31, but the director may remove any contact or other identifying information from a copy that is provided. Ceasing enforcement if adult child ineligible 31(1) If, based on the support recipient's response under subsection 30(4), the director is not satisfied that the support obligation for the adult child remains eligible for enforcement — or if the support recipient fails to respond — the director must cease to enforce the support obligation for that child as of a date determined by the director. Notice of decision 31(2) The director must promptly notify the support recipient and the support payor in writing of a decision to continue or cease enforcement and the reason for it. Director may resume enforcement 31(3) If the director has ceased enforcement under this section and the support recipient subsequently provides information that satisfies the director that the support obligation for the adult child remains eligible for enforcement, or that it has been re-activated, the director may resume enforcement. But the director must not enforce support payments (other than arrears) due more than 60 days before the date the support recipient provided the required information. Exception 31(4) Despite subsection (3), the director may enforce support payments due more than 60 days before the date the support recipient provides the required information if the director determines that extenuating circumstances exist. Resumption of enforcement for adult child after child support service decision 31(5) If (a) the child support service has ceased recalculation of support for an adult child under clause 5(5)⁠(a) of The Child Support Service Act ; and (b) the director subsequently determines it appropriate to resume enforcement under subsection (3); the director may — using the support payor's and, if applicable, the support recipient's, most recent determination of income contained in a support order — resume enforcement in the amount that would have been payable under the child support guidelines had the adult child been included in the recalculation decision made by the child support service under subsection 5(5) of The Child Support Service Act . The director must not make any adjustments to the amount of special or extraordinary expenses set out in that recalculation decision. Director to notify child support service 31(6) The director must notify the child support service if the director has resumed enforcement for an adult child under subsection (5). Support recipient or support payor may apply to court 31(7) A support recipient or support payor who disagrees with a decision of the director under this section may apply to a court for a determination as to whether an adult child is entitled to support. Director may enforce reduced support 32 Subject to section 34, if (a) a support order requires the payment of support for two or more children and the number of children is specified in the order; and (b) the director is satisfied that (i) with respect to one or more but not all of the children, (A) the support obligation has ended because a terminating event or condition clearly specified in the support order has occurred or been satisfied, or (B) the enforcement of the support obligation may be discontinued under section 31, and (ii) the order is clear as to the amount payable as support for the other child or children; the director may limit the enforcement to the amount payable under the order as support for the other child or children. Reduced support according to table 33 Subject to section 34, if (a) a support order requires the payment of support for two or more children and the number of children is specified in the order; and (b) the director is satisfied that (i) the child support requirement accords with the applicable table of the child support guidelines that were in effect at the time the order was made, and (ii) with respect to one or more but not all of the children, (A) the support obligation has ended because a terminating event or condition clearly specified in the support order has occurred or been satisfied, or (B) the enforcement of the support obligation may be discontinued under section 31; the director may limit the enforcement to the amount that would have been payable in accordance with the applicable table of the child support guidelines had the number of children at the time the order was made been the number of children in respect of whom the enforcement of the support order is continued. Notice to Director of Assistance or Disability Support 34 If the support receivable under a support order has been assigned to the Director of Assistance or the Director of Disability Support, the director must notify, as the case may be, the Director of Assistance or the Director of Disability Support of (a) a request for information made to a support recipient under subsection 30(1); or (b) a decision to cease enforcing the support order or to reduce the amount of support being enforced under the order. When this section applies — support order filed in reciprocating jurisdiction 35(1) This section applies when the director has taken steps under clause 40(m) to have a support order (the "prior support order") enforced in a reciprocating jurisdiction outside Canada but the order conflicts with a support order subsequently made by a court in that jurisdiction (the "foreign order"). Director may enforce foreign order 35(2) The director may cease to enforce the prior support order (including any arrears, penalties or cost recovery fees) and instead enforce the foreign order if each of the following conditions are met: (a) the foreign order relates to the same support recipient and support payor as the prior support order; (b) the court that made the foreign order did so in relation to a proceeding to set aside registration or to refuse recognition of the prior support order; (c) the foreign order is registered for enforcement by the appropriate authority in the reciprocating jurisdiction; (d) the foreign order is registered under Part 2 of The Inter-jurisdictional Support Orders Act or the foreign order is a decision that has been registered for enforcement under The International Child Support and Family Maintenance (Hague Convention) Act . Period during which director may enforce foreign order 35(3) The enforcement provisions apply to the foreign order only as long as it remains enforceable by the appropriate authority in the jurisdiction in which the support payor resides, or until a further order is made. Arrears if director resumes enforcement of prior order 35(4) If the foreign order ceases to be enforceable as set out in subsection (3), the director may resume enforcement of the prior support order. In that case, arrears are to be calculated as if the support obligation under the prior support order began in the month after the month in which the foreign order ceased being enforceable.

If support has been assigned to Director of Assistance or Disability Support 35(5) When support receivable under the prior support order has been assigned to the Director of Assistance or the Director of Disability Support, the assignment is deemed to apply to support receivable under the foreign order being enforced under this section. Court application if party objects 35(6) A support payor or support recipient who objects to any action taken by the director under this section may apply to a court, on notice to the director, for an order respecting the enforcement of the prior support order or the foreign order. S.M. 2022, c. 29, s. 26 . ENFORCEMENT ACTIONS Director to determine whether support payor is in default 36(1) If it appears to the director that a support payor is in default under a support order to which the enforcement provisions apply, the director must take any action as the director considers necessary or advisable to determine whether the support payor is in default. Director to take action on default 36(2) If satisfied that the support payor is in default, the director must (a) determine the amount in default; (b) assess a penalty under section 37; and (c) take any other action under this Act or any other law as the director considers necessary or advisable to enforce payment of the amount in default. Payment plan 36(3) Whether or not any enforcement actions have been taken or could be taken, if the director is satisfied that a support payor is in default, the director may enter into a payment plan with the support payor with respect to the amount in default and any penalty assessed under section 37. Requirement to provide information 36(4) Before entering into a payment plan, the director may require the support payor to provide any financial or other information which the director deems necessary. Arrears due if support payor defaults 36(5) If the support payor fails to make a payment when it is due under a payment plan, the full amount of the arrears becomes immediately due and payable. Penalty for default 37(1) If a support payor (a) fails to make a payment as required by a support order; or (b) fails to make a payment required to comply with a condition included in an order suspending the enforcement of a support order, or in an order extending such a suspension, whether the order was made before or after the coming into force of this Act; the director must assess a penalty against the support payor in accordance with the regulations. Penalty a debt owing 37(2) The penalty is a debt that the support payor owes to the support recipient. Director may enforce payment of penalty 37(3) The director may take any action to enforce the payment of the penalty that the director may take to enforce a support order, other than (a) notifying the support payor under section 52 of possible action under The Highway Traffic Act ; (b) issuing a notice to appear under section 66; or (c) issuing a summons under section 67. Support recipient may opt out re penalties 38(1) At the time a support order is registered for enforcement, or at any subsequent time, the support recipient may opt out of the assessment of penalties. The support recipient may subsequently opt back in by notifying the director in writing. Waiver of penalties 38(2) The support recipient may waive the right to receive penalties already assessed, in whole or in part, by notifying the director in writing. Deemed waiver 38(3) A support recipient is deemed to waive the right to receive penalties already assessed if (a) the support recipient is deemed to have opted out of enforcement under subsection 11(2); (b) the support recipient opts out of enforcement under subsection 12(2); (c) the director ceases to enforce the support order under section 27; or (d) the director ceases to enforce the support order under a prescribed circumstance. Effect of opting out or waiver 38(4) A support recipient who has opted out of the assessment of penalties, or who has waived or has been deemed to have waived the right to receive penalties already assessed, loses the right to have the penalties collected for any period during which the opting out or waiver applies. Director may cancel penalty 39(1) The director may cancel a penalty, in whole or in part, in any of the following circumstances: (a) when the director is satisfied that the penalty cannot be collected; (b) when the amount of the penalty owing is less than the prescribed amount and the support payor (i) is not in default under a support order, and (ii) is not required to make periodic payments of support that are to be enforced by the director; (c) when the support payor does not reside in Manitoba and the support order is registered for the purpose of enforcement in another province, territory or reciprocating jurisdiction; (d) when the support recipient does not reside in Manitoba and the support order is registered for the purpose of enforcement in another province, territory or reciprocating jurisdiction that is not able to process receipt of penalties; (e) when a support order to which the enforcement provisions apply is varied in a reciprocating jurisdiction and the variation order is silent with respect to penalties; (f) if the support recipient has waived receipt of penalties under subsection 38(2) or has been deemed to have waived receipt under subsection 38(3). Court may cancel penalty 39(2) On application, a court may cancel the penalty, in whole or in part, if the court is satisfied that (a) having regard to the interests of the support payor in arrears or their estate, it would be grossly unfair or inequitable not to do so; and (b) having regard to the interests of the support recipient to whom arrears are owed or their estate, the cancellation is fair and equitable. Various enforcement actions 40 In addition to any other enforcement actions that may be taken, the director may do one or more of the following: (a) issue a support deduction notice under section 44 and take any action that may be taken to enforce payment in accordance with the notice; (b) take steps to obtain a garnishing order under The Garnishment Act ; (c) under section 52, (i) notify the support payor that action may be taken under section 273.1 of The Highway Traffic Act , or (ii) issue a request for action to be taken under section 273.2 of The Highway Traffic Act ; (d) apply under section 53 for a court order to preserve assets; (e) register a lien in the Personal Property Registry under section 55; (f) register the support order in a land titles office under section 57 and take any action that may be taken under The Judgments Act to enforce the registered order; (g) take steps to obtain a writ of execution under The Executions Act ; (h) apply under section 58 for the appointment of a receiver to take action as permitted by that section; (i) apply under section 59 for an order declaring assets over which the support payor exercises authority subject to attachment and execution; (j) issue a notice under section 66 requiring the support payor to appear before the director; (k) issue a summons under section 67 requiring the support payor to appear before a judge or associate judge for a hearing under that section; (l) provide a personal reporting agency, as defined in The Personal Investigations Act , with information indicating that the support payor is in default under the support order but, despite clause 4(e) of that Act, without providing the address of the support recipient; (m) take steps to have the support order enforced in another jurisdiction; (n) take any steps that may be taken under a federal law to enforce payments under a support order. S.M. 2023, c. 34, s. 66 . Information about Support Payor or Support Recipient Director may request information from support payor or support recipient 41(1) For the purpose of determining the amount of support payable under a support order or the appropriate enforcement action to be taken, the director may, in writing, request the support payor or support recipient, or both of them, (a) to provide, in writing, all information within their direct knowledge as to the financial or other circumstances of either or both of them or of a person for whom the support is payable; or (b) to make a statutory declaration containing that information and provide the declaration to the director. Director may request information from others 41(2) The director may, in writing, request a person, the government or another entity to provide, in writing, any information in their possession or control about (a) a support recipient's whereabouts; (b) a support payor, including (i) the support payor's whereabouts, (ii) the name and address of the support payor's employer, (iii) the support payor's financial means, including source of income and payroll records, (iv) the support payor's assets and liabilities, including any asset transferred or gifted to the person requested to provide the information, or to a third party, (v) the support payor's pension and pension benefit credits, as defined in subsection 1(1) of The Pension Benefits Act , (vi) a PRPP account of the support payor, as defined in The Pooled Registered Pension Plans (Manitoba) Act , (vii) the support payor's income tax returns and assessment notices, (viii) the support payor's social insurance number, (ix) circumstances that affect or could affect the amount paid under the support order, (x) the extent of the support payor's control or influence over any assets or liabilities of (A) the person requested to provide the information, or (B) a third party, particulars of those assets or liabilities, and the nature of the relationship between the support payor and a person referred to in paragraph (A) or (B), and (xi) any benefits the support payor receives from the assets of the person requested to provide the information or a third party; or (c) the whereabouts of a person named in a request to locate (as defined in The Inter-jurisdictional Support Orders Act ) made by a designated authority under that Act or in a similar request made by the designated authority under the Divorce Act (Canada) for the purpose of exercising a power or performing a duty or function under sections 18 to 19.1 of that Act. Requirement to provide information 41(3) A person, the government or another entity served with a request for information under this section must, despite any other law, comply with the request and provide the requested information without charge within 21 days after the request has been served. Failure to comply 41(4) If a person, the government or another entity fails to comply with subsection (3), the director may take such action as the director considers necessary or advisable, including (a) applying for an order under subsection (5); (b) issuing a notice requiring the support payor to appear before the director under section 66; or (c) issuing a summons requiring the support payor to appear before a judge or associate judge for a hearing under section 67. Order to provide information 41(5) On application by the director, a judge or associate judge may make an order, subject to such terms and conditions as the judge or associate judge considers necessary or advisable, (a) compelling a person, the government or another entity to give the requested information to the director; or (b) compelling a person to report to the director and make a statutory declaration containing the requested information. Access to information or databanks 41(6) If information described in subsection (2) is included in a database or other collection of information maintained by a person, the government or another entity, the director may enter into an arrangement with the person, government or other entity permitting the director to have access to the database or collection to the extent necessary to obtain the information without having to make a request under that subsection. The arrangement must include reasonable security measures to protect information against such risks as unauthorized access, use, disclosure and destruction. Information to child support service 41(7) The director may enter into an arrangement with the child support service that enables the service to access information contained in the director's records for the purpose of assisting the service in carrying out its powers and duties under The Child Support Service Act . The arrangement must include reasonable security measures to protect information against such risks as unauthorized access, use, disclosure and destruction of the information. S.M. 2023, c. 34, s. 66 . Information that may be disclosed 42 Information received by the director under this Act is confidential, but the director may (a) use the information to enforce a support order; (b) give the information to the child support service for the purpose of assisting it in carrying out its powers and duties; (c) for the purpose of enforcing a support order, give the information to an appropriate authority in another province, territory or other reciprocating jurisdiction, as defined in The Inter-jurisdictional Support Orders Act ; (d) give information about a support recipient's or support payor's whereabouts and the name and address of a support payor's employer to (i) a designated authority under The Inter-jurisdictional Support Orders Act for the purpose of carrying out the authority's powers and duties under that Act, and (ii) the designated authority under the Divorce Act (Canada) for the purpose of exercising a power or performing a duty or function under sections 18 to 19.1 of that Act; (e) give to a designated authority under The Inter-jurisdictional Support Orders Act information about the whereabouts of a person named in a request to locate made by the designated authority under that Act; (f) advise the support recipient of the name of another jurisdiction in which the support order is being enforced at the director's request if the director determines it appropriate to do so; (g) advise the support payor of the name of another jurisdiction at whose request the director is enforcing a support order if the director determines it appropriate to do so; and (h) disclose personal information about an individual to any person if (i) the individual has identified the information and consented to its disclosure, and (ii) the director determines that the disclosure is appropriate. Support Deduction Notice (SDN) Definitions 43 The following definitions apply in this section and sections 44 to 51. "pension benefit" has the same meaning as in subsection 14(4) of The Garnishment Act . (« prestation de pension ») "SDN payor" means the person, government or other entity required to pay under a support deduction notice. (« tiers saisi ») "support deduction notice" means a notice issued under subsection 44(1). (« avis de retenue des aliments ») "wages" includes salary, commission fees, and any other money payable by an employer to an employee in respect of work or services performed in the course of employment, but does not include any deductions made by the employer under any Act of the Legislature of any province or the Parliament of Canada. (« salaire ») Director may issue support deduction notice 44(1) The director may issue to a person, the government or another entity (the "SDN payor") a written notice that requires the SDN payor to pay to the director, on account of amounts payable by a support payor to the director under this Act, amounts that are or become owing or otherwise payable by the SDN payor to the support payor. The support deduction notice may be in respect of arrears or periodic payments, or both. Content of notice — arrears 44(2) If the director seeks to collect arrears from the SDN payor, the support deduction notice must specify the amount in arrears as of the date the notice is issued. Content of notice — periodic payments 44(3) If the director seeks to collect periodic payments from the SDN payor, the support deduction notice must specify the amounts to be paid and when they are to be paid. Director may adjust, suspend, reactivate or terminate support deduction notice 44(4) In prescribed circumstances, the director may adjust, suspend, reactivate or terminate a support deduction notice by giving written notice to the SDN payor. After doing so, the director must notify the support payor in writing of the change. Duration of support deduction notice 44(5) A support deduction notice remains in force until (a) the notice is replaced by another support deduction notice; (b) the director terminates the notice; (c) the debt for which the notice was issued is satisfied; or (d) if the notice applies to wages payable to the support payor, the SDN payor ceases to employ the support payor and no longer owes wages to the support payor. SDN payor to notify director if employment ends 44(6) If the support deduction notice binds wages of the support payor, the SDN payor must notify the director if the SDN payor ceases to employ the support payor while the support deduction notice remains in force. Binding effect of support deduction notice 45(1) When a support deduction notice is served on the SDN payor, the notice binds, for as long as the notice remains in force, (a) except in the case of wages, (i) all money that, at the time of service, is owing or payable by the SDN payor to the support payor, (ii) all money that, after the time of service, becomes owing or payable by the SDN payor to the support payor from time to time, and (iii) all money that is or becomes owing or payable by the SDN payor to the support payor and one or more other persons jointly and is presumed by subsection (2) to be owing or payable by the SDN payor only to the support payor; (b) all wages that are or become due and payable by the SDN payor to the support payor on or after the first day, other than a holiday, after the day of service; and (c) the support payor's pension benefits, as if they were wages, in the same manner as a garnishing order binds pension benefits under section 14 of The Garnishment Act . Money owing to support payor and others jointly 45(2) For the purpose of subsection (1), (a) money that, at the time of service, is owing or payable by the SDN payor to the support payor and one or more other persons jointly is presumed to be owing or payable only to the support payor; and (b) money that, at any time after the time of service, becomes owing or payable by the SDN payor to the support payor and one or more other persons jointly is presumed to become owing or payable at that time only to the support payor. Priority of support deduction notice 46 A support deduction notice (a) has the same priority as a garnishing order for support under The Garnishment Act ; and (b) has priority over (i) any other type of garnishing order served on the SDN payor, and (ii) any debt owing by the support payor to the SDN payor. SDN payor to notify support payor and others 47(1) Upon being served with a support deduction notice, the SDN payor must promptly give a copy of the notice (a) to the support payor; and (b) if money is or becomes owing or payable by the SDN payor to the support payor and one or more other persons jointly while the support deduction notice remains in force, to each of those other persons. SDN payor to file response with director 47(2) Within seven days after being served with a support deduction notice, the SDN payor must complete the response form that accompanied the notice and return the completed form to the director. SDN payor to remit amounts to director 47(3) For as long as a support deduction notice remains in force, the SDN payor must remit the amount or amounts payable under the notice to the director, (a) in the case of an amount payable for arrears, within seven days after (i) the SDN payor is served with the notice, or (ii) the money becomes payable by the SDN payor to the support payor, whichever is later; and (b) in the case of an amount payable as a periodic payment, within seven days after (i) the amount becomes payable, as set out in the notice, or (ii) the money becomes payable by the SDN payor to the support payor, whichever is later. Payment discharges SDN payor's obligation 47(4) A payment by the SDN payor pursuant to the support deduction notice discharges, to the extent of the payment, (a) the SDN payor's obligation to the support payor; and (b) in the case of money owing to the support payor and one or more other persons jointly, the SDN payor's obligation to all of them. SDN payor not to charge fees or costs 47(5) Except as permitted by the regulations, a SDN payor must not charge the support payor any fee or cost for complying with this Act in relation to a support deduction notice. Director may apply for order to enforce payment 48(1) If the SDN payor (a) does not pay an amount attached by the notice and does not give the director a satisfactory explanation, in writing, for not paying it; or (b) pays an amount attached by the notice to a person other than the director; the director may apply to a court for an order under this section. The director must serve the application on the SDN payor. Order to pay 48(2) The court may order the SDN payor to pay to the director the amount required to be paid under the support deduction notice. Application for order to determine interests or issues 49(1) The director, the SDN payor, the support payor or any other interested person may apply to a court for an order determining any issue regarding a support deduction notice, which may include an order determining (a) the support payor's interest in money that is presumed by subsection 45(2) to be owing and payable to the support payor; and (b) the rights and liabilities of the SDN payor, the support payor or any other interested person. Burden of proof 49(2) The burden of establishing that the support payor's interest in the money is less than the amount attached is on the person making the application. Application deadline 49(3) An application for an order under clause (1)⁠(a) must be made within 21 days after the support deduction notice is served on the SDN payor. Portion of wages and pension benefits exempt 50(1) If wages or pension benefits, or both, are attached by a support deduction notice, the total sum of $250 each month, or any greater amount prescribed by regulation or determined by an order under this section, is exempt from attachment by the notice. The exempt amount is to be prorated for any part of a month. Allocation of exemption among two or more SDN payors 50(2) If a support deduction notice attaching wages or pension benefits, or both, is issued to two or more SDN payors, the director must (a) determine how the monthly exemption is to be allocated; and (b) specify in each notice the portion of the monthly exemption under subsection (1) that applies to the SDN payor under that notice, if any. Support payor may apply to registrar to vary exemption 50(3) The support payor named in a support deduction notice may apply to the registrar of the Court of King's Bench, in accordance with the regulations, for an order varying the amount of the monthly exemption under subsection (1). Limitation on variation 50(4) An order under this section must not (a) have the effect of increasing the exemption to more than 90% of the total wages and pension benefits bound by one or more support deduction notices in force at the time the order is made; or (b) reduce the exemption below $250 each month or any greater prescribed amount. Support payor may appeal registrar's order 50(5) The support payor may, within 14 days after the order is pronounced, appeal the registrar's order to a judge of the Court of King's Bench. The judge may confirm the order or, subject to subsection (4), vary it. Deemed garnishment for purposes of federal Acts 51 The provisions in this Act and the regulations respecting support deduction notices are deemed to be provisions under provincial garnishment law for the purposes of the Family Orders and Agreements Enforcement Assistance Act (Canada) and the Garnishment, Attachment and Pension Diversion Act (Canada). Suspension or Cancellation of Driver's Licence or Permit and Vehicle Registration Definition of "registrar" 52(1) In this section, "registrar" means the registrar of Motor Vehicles appointed under The Drivers and Vehicles Act . Notice of possible action under Highway Traffic Act 52(2) If a support payor defaults in payment, the director may (a) notify the support payor, in accordance with the regulations, that action will be taken under section 273.1 of The Highway Traffic Act without further notice to the support payor unless the support payor complies with this section; or (b) request the registrar to take action under section 273.2 of The Highway Traffic Act without notice to the support payor. Content of notice 52(3) The notice under clause (2)⁠(a) must advise that the action will be taken unless the support payor, within 30 days after the day the notice is served, (a) pays the arrears in full; or (b) proposes to the director a payment plan for the arrears that the director considers reasonable. Suspension or cancellation of driver's licence and vehicle registration 52(4) If the support payor, after being served with a notice under clause (2)⁠(a), (a) fails to respond to the notice within 30 days as set out in the notice; or (b) fails to make a payment under a payment plan proposed by the support payor and accepted by the director; the director may request the registrar to take action in respect of the support payor under section 273.1 of The Highway Traffic Act (suspension or cancellation of driver's licence or permit and vehicle registration). Subsequent proposal for payment of arrears 52(5) If, after the director makes a request under clause (2)⁠(b) or subsection (4), the support payor proposes a payment plan acceptable to the director, the director must take whatever action is necessary to implement the plan. Notice to registrar of compliance 52(6) If, after the director makes a request under clause (2)⁠(b) or subsection (4), (a) the support payor is no longer in default; (b) the support payor is complying with a new payment plan proposed by the support payor and accepted by the director; or (c) the support order is no longer being enforced by the director; the support payor is deemed to be in compliance with this section and the director must notify the registrar of that compliance. Deemed failure 52(7) A failure by a support payor to make a payment under a plan proposed by the support payor and accepted by the director is deemed to be a failure to comply with this section. Arrears due if support payor defaults 52(8) If the support payor fails to make any payment when it is due under a plan accepted by the director, the full amount of the arrears becomes immediately due and payable. Preservation Order Director may apply for order to preserve assets 53(1) If the director believes that a support payor is likely to evade, hinder or defeat the enforcement of a support order by wasting, dissipating or disposing of assets that the support payor owns, possesses or controls, the director may apply to the Court of King's Bench for an order preserving those assets. Application without notice 53(2) The application may be made without notice. Preservation order 53(3) The judge or associate judge hearing the application may make one or more of the following orders if the judge or associate judge finds that the support payor is likely to waste, dissipate or dispose of assets in such a way as to evade, hinder or defeat the enforcement of a support order: (a) an order directing the support payor or any other person to preserve any assets that the support payor owns, possesses or controls; (b) an order requiring the support payor to deposit a specified amount of money in the court or with the director or any other person the judge or associate judge considers appropriate, to be held as security and for use in the event of a default under the support order or a subsequent variation of the support order; (c) an order setting aside a non-arm's length transaction between the support payor and another person; (d) any other order that the judge or associate judge considers appropriate. S.M. 2023, c. 34, s. 66 . Lien on Personal Property Lien for arrears and ongoing support payments 54(1) For the purpose of enforcing a support order, the director has a lien on every estate or interest in the personal property of the support payor, including personal property acquired by the support payor after the order was made or after a payment under the order became due. Extent of security 54(2) The lien secures the payment of (a) the amount in arrears at the time the lien takes effect; (b) all additional payments that become due under the support order after the lien takes effect and before it is discharged; (c) disbursements for the registration and discharge of the lien; (d) expenses reasonably incurred by the director in taking, holding, repairing, processing, preparing for disposition or disposing of property in respect of which the lien is registered; and (e) a prescribed administration fee. When lien takes effect 54(3) The lien takes effect in relation to the support payor's personal property when the director registers a financing statement in the Personal Property Registry under section 55. Priority not lost 54(4) The lien and its priority are not lost or impaired by taking or failing to take any other enforcement action to enforce the support order, or by the tender or acceptance of any payment on account of that obligation. Director may register lien 55(1) If a support payor is in default under a support order, the director may register the lien created by section 54 against the support payor's personal property by registering a financing statement in the Personal Property Registry that states (a) the director's address for service; (b) the name and address of the support payor; and (c) any other prescribed matter. Effect of registration 55(2) Upon registration of the lien, (a) the director is deemed to be a secured party under The Personal Property Security Act and the support payor is deemed to be a debtor under that Act; (b) the support payor is deemed to have signed a security agreement stating that a security interest is taken in all of the support payor's present and after-acquired property, and the lien is deemed to be a perfected security interest in that property; (c) the lien is enforceable under The Personal Property Security Act as if it were a lien under the agreement referred to in clause (b) and the support payor were in default under that agreement; and (d) The Personal Property Security Act and the regulations under that Act apply to the lien, with necessary changes, except as otherwise provided by this section. Priority of lien 55(3) The lien has priority over every security interest and every claim to or right in the personal property of the support payor under any Act other than (a) a purchase money security interest in collateral, as defined in The Personal Property Security Act , that was perfected when the support payor obtained possession of the collateral or within 15 days after the support payor obtained possession of it; (b) a lien for taxes to which priority is given by subsection 66(3) of The Tax Administration and Miscellaneous Taxes Act ; (c) a lien under section 101 of The Employment Standards Code for which a financing statement has been registered in the Personal Property Registry; or (d) a garage keeper's lien under The Garage Keepers Act or a lien that, under any other Act, may be enforced as a lien under The Garage Keepers Act . Director may postpone, amend, renew or discharge lien 55(4) The director may, by registering the appropriate document in the Personal Property Registry, (a) postpone the director's interest under a financing statement; or (b) amend, renew or discharge a financing statement. Director to notify support payor of lien registration 56 Within 15 days after registering a financing statement under section 55, the director must serve a notice on the support payor stating (a) that the director has a lien against the support payor's personal property with respect to a support order and has registered a financing statement in the Personal Property Registry; (b) the amount secured by the lien as of the date the financing statement was registered; (c) that the director may take possession and dispose of the support payor's personal property if the amount of the lien is not paid within 15 days after the notice is served in accordance with the regulations; and (d) the address and telephone number where the support payor may obtain further information. Registration Against Real Property Registration in land titles office 57(1) The director may register a support order in any Manitoba land titles office. Upon registration, the order is deemed to be an order to which sections 9 and 21 of The Judgments Act apply. Judgments Act exemptions do not apply 57(2) The exemptions provided by The Judgments Act do not apply with respect to any process issued by a court to enforce a support order. Appointment of Receiver Director may apply for appointment of receiver 58(1) If a support payor is in default under a support order, the director may apply to a court for the appointment of a receiver. Receiver's appointment and duties 58(2) The judge or associate judge hearing the application may make an order that appoints a receiver to take any or all of the following actions for the purpose of satisfying the payments due or accruing due under the support order: (a) collect any money due, owing or payable to, or to become due, owing or payable to, or earned or to be earned by, the support payor; (b) take all steps necessary to apply for and receive any benefit, credit, interest or entitlement available to the support payor; (c) take all steps necessary to take possession of and realize upon property in which the support payor has an interest or entitlement; (d) take all steps necessary to pursue any action that is available to the support payor; (e) take any other steps or be given any other authority that the judge or associate judge considers necessary or advisable. Appointment of receiver without application 58(3) If a support payor in default under a support order is before a judge or associate judge for any other purpose under this Act, the judge or associate judge may there and then appoint a receiver under subsection (2) without prior application. Exemptions under Garnishment Act 58(4) The wages of the support payor that may be collected by the receiver appointed under this section are exempt to the extent set out in The Garnishment Act , and that Act applies to the order appointing the receiver as though it were a garnishing order. S.M. 2023, c. 34, s. 66 . Third Party Assets Controlled by Support Payor Director may apply for order attaching assets of corporation or other person 59(1) The director may apply to the Court of King's Bench for an order declaring assets of a corporation or another person to be subject to garnishment or execution for the payment of arrears owing by a support payor under a support order if (a) the support payor is in default under the support order; and (b) the director believes that the support payor is exercising authority over the assets of the corporation or other person. Application without notice 59(2) The application may be made without notice. Court order 59(3) If the judge hearing the application is satisfied that the support payor is in default and is exercising, or has exercised, authority over the assets of a corporation or other person, the judge may make an order that does one or more of the following: (a) declares that the assets legally owned or otherwise held by the corporation or other person are assets of the support payor and directs that the assets or any specific portion of them be subject to garnishment, execution or an order of receivership under section 58, as the case may be, for the purpose of paying the arrears under the support order; (b) gives any other direction or does anything else that the judge considers appropriate in the circumstances; (c) awards costs. Exercising authority over assets 59(4) For the purpose of this section, a support payor is deemed to be exercising authority over the assets of a corporation or other person if, although the assets are legally owned or otherwise held by the corporation or other person, (a) the support payor, or another person on the support payor's behalf, uses or otherwise deals with, or is in a position to use or otherwise deal with, the assets in a manner similar to that of a person who legally owns or otherwise holds the assets; or (b) the support payor, or another person on the support payor's behalf, is in a position to compel or otherwise influence the corporation or other person (i) to use or otherwise deal with the assets as directed by the support payor or another person on the support payor's behalf, or (ii) to permit the support payor, or another person on their behalf, to use or otherwise deal with the assets in a manner similar to that of a person who legally owns or otherwise holds the assets. Lottery Prizes Definitions 60 The following definitions apply in this section and sections 61 to 64. "business day" means a day on which the director's office is open during its regular hours of business. (« jour ouvrable ») "lottery corporation" means the Western Canada Lottery Corporation and includes a corporation that is a successor to it. (« Société ») "lottery official" means an employee or officer of the lottery corporation designated under section 62. (« représentant de la Société ») "lottery prize" means a prize in a lottery scheme that is a monetary prize of $1,001 or more, or a non-monetary prize having a fair market value of $1,001 or more. (« prix de loterie ») "lottery scheme" means a lottery scheme within the meaning of the Criminal Code (Canada) that is conducted and managed by the lottery corporation. (« loterie ») "lottery ticket" means a ticket, certificate, subscription form or other evidence of participation in a lottery scheme. (« billet de loterie ») Enforcement actions re lottery prize 61 Whether or not other enforcement actions are being taken, the director may, with respect to a lottery prize being claimed by or on behalf of a support payor, do one or more of the following: (a) issue a support deduction notice under section 44; (b) take steps to obtain a garnishing order under The Garnishment Act ; (c) take steps to obtain a writ of execution under The Executions Act . Designation of lottery officials 62 The lottery corporation must designate, in writing, one or more employees or officers of the corporation as lottery officials who are authorized by the corporation to (a) obtain information from the director's records; and (b) carry out the corporation's obligations under section 63. Lottery corporation's response to claim for prize 63(1) When a Manitoba claimant claims a lottery prize, the lottery corporation must (a) obtain the names of all Manitoba claimants for the prize as well as any identifying and other information that is required in the regulations; and (b) take possession of the lottery ticket. Lottery official to search records 63(2) For each Manitoba claimant identified under subsection (1), a lottery official must, on behalf of the lottery corporation and using the claimant's name and other information as permitted by the regulations, search the director's records as allowed under subsection (3) to determine if the claimant is a support payor. Director to allow searches of records 63(3) The director must allow a lottery official to search the director's records of the names of support payors and other identifying information about support payors for the purpose of determining whether a Manitoba claimant is a support payor. If claimant listed in records as a support payor 63(4) If a search under subsection (2) indicates that the Manitoba claimant is a support payor, the lottery corporation must (a) immediately notify the director, in writing and in accordance with the regulations, of (i) the claimant's name and other identifying information and any other information required by the regulations, and (ii) the details, including the value, of the lottery prize being claimed; (b) retain the lottery ticket; and (c) withhold payment or delivery of the lottery prize until the close of business at the director's office on the business day after the business day on which the director receives notice under clause (a), unless the director notifies the corporation in writing, in accordance with the regulations, that all or part of the lottery prize can be paid or delivered. Substitution of lottery prize 63(5) If a Manitoba claimant for a non-monetary prize is a support payor, the lottery corporation must substitute a monetary prize at the director's request. Confidentiality 63(6) An employee, officer or agent of the lottery corporation must not use or disclose any information provided or obtained from the director's records except for the purposes of this section. Protection from liability 64 An action or a proceeding must not be brought against the lottery corporation or a lottery official for anything done in good faith in the exercise or intended exercise of a power or duty under section 62 or 63. Court Proceedings Commenced by Summons Interpretation — support payor in default 65 For the purposes of sections 66 and 67, a support payor is in default if the support payor (a) is in arrears under a support order; or (b) fails to provide information or a statutory declaration as required by subsection 41(1) or by an order made under subsection 41(5). Examination of support payor by director 66(1) The director may issue a notice to appear to a support payor requiring the support payor (a) to appear before the director in person at the place stated in the notice to appear, or by telephone or other means acceptable to the director, at the time stated in the notice to appear, to be examined in respect of (i) the support payor's default, and (ii) the support payor's employment, income, assets and financial circumstances; and (b) at or before the examination, to complete and file with the director a financial statement in a form satisfactory to the director, along with any other requested information. Action by director 66(2) At the conclusion of the examination, the director may do one or more of the following: (a) refer the matter for enforcement; (b) summon the support payor to appear for a hearing under section 67; (c) if the support payor has proposed a payment plan that the director considers reasonable, require the support payor to make payments in accordance with the plan; (d) adjourn the examination with or without conditions to allow (i) the support payor to retain counsel, (ii) the support payor to pay the arrears, (iii) the support payor to file and serve an application for a variation of the support order and cancellation of the arrears, (iv) the support payor to reach a settlement with the support recipient, (v) the support payor to provide such further evidence as the director requires, including evidence of employment status, (vi) the director to recalculate the amount in arrears if the amount has been brought into question by the support payor, or (vii) the director to provide the child support service with information to enable the service to recalculate child support. Arrears due if support payor defaults 66(3) If the support payor fails to make any payment when it is due under a payment plan made under clause (2)⁠(c), the full amount of the arrears becomes immediately due and payable. Show cause hearing before judge or associate judge 67(1) The director may issue a summons, to be served personally or in any other manner a judge or associate judge may direct, requiring a support payor (a) to appear before a judge or associate judge at the time and place stated in the summons to (i) be examined in respect of the support payor's financial means and other circumstances, and (ii) show cause why the support payor's support order should not be enforced under this section; and (b) at or before the hearing, to complete and file with the court a financial statement in a form satisfactory to the judge or associate judge. Powers of judge or associate judge 67(2) The judge or associate judge must consider the evidence adduced at the hearing and may make an order that does one or more of the following in respect of the support payor: (a) imposes a fine of not more than $10,000, or a term of imprisonment for not more than 200 days, or both, if the support payor is found to be wilfully in default; (b) determines whether the support payor is in default under the support order and, if so, fixes the amount of arrears for the purpose of enforcement under this Act; (c) requires the support payor to pay the arrears in full by a specified date; (d) requires the support payor to make periodic payments on account of the arrears according to a specified schedule; (e) adjourns the hearing with or without conditions if the judge or associate judge is satisfied that (i) the support payor cannot at that time make payments on the arrears, or (ii) the support payor reasonably requires time to obtain counsel, provide additional financial or other information to the court or make specified payments on the arrears; (f) requires the support payor to deposit a specified amount of money in the court or with the director or any other person the judge or associate judge considers appropriate, to be held as security and for use in the event of a default under the support order or a subsequent variation of the support order; (g) requires the support payor to deposit security in a form other than money to ensure compliance with the support order; (h) dismisses the proceedings. Imprisonment served intermittently 67(3) If a term of imprisonment is imposed under clause (2)⁠(a), the imprisonment may be ordered to be served intermittently at such times as are specified in the order. Support payor has burden of proof 67(4) For the purpose of clause (2)⁠(a), the burden of proving that the default is not wilful is on the support payor. Arrears due if support payor defaults 67(5) If the support payor fails to make any payment when it is due under an order made under clause (2)⁠(d), the full amount of the arrears specified in the order becomes immediately due and payable. Additional penalties 67(6) When making an order under clause (2)⁠(c) or (d), the judge or associate judge may make an order that requires the support payor to enter into a bond in a specified amount, without sureties or with sureties acceptable to the judge or associate judge, to secure the performance of the support payor's obligations under the order. Continuation of adjourned hearing 67(7) A hearing adjourned by a judge or associate judge under clause (2)⁠(e) after evidence has been adduced must be continued before the same judge or associate judge. Disposition of security 67(8) If an amount is deposited as security as required by an order under clause (2)⁠(f), any balance remaining undisbursed when the order is discharged, or when the support payor's obligations under the order have been discharged, must be returned to the support payor after deducting such administration costs as the judge or associate judge considers appropriate.

Interest on security deposit 67(9) Unless an amount deposited as security is deposited with the director, any interest earned on the deposit is to be included in the balance, if any, to be returned to the support payor. Support payor may be imprisoned for failing to provide security 67(10) If a support payor who is ordered under clause (2)⁠(f) or (g) or subsection (6) to provide security fails to provide it, the judge or associate judge who made the order may order the support payor to be imprisoned for a term of not more than 30 days or until the security is provided. S.M. 2023, c. 34, s. 66 . Effect of imprisonment 68 The imprisonment of a support payor does not reduce or discharge the support payor's arrears. Appeal from associate judge to K.B. judge 69 An order of an associate judge under section 67 may be appealed, within 30 days after the day it is pronounced or within such further time as a judge of the Court of King's Bench allows, to a judge of that court. The appeal must be based on the record of the evidence that resulted in the order under appeal. S.M. 2023, c. 34, s. 66 . Judge or associate judge may proceed with hearing or issue warrant 70 If a support payor fails to appear before a judge or associate judge at a hearing under section 67 as required by (a) a summons issued under section 67; (b) a promise to appear given under subsection 71(2); (c) an undertaking given under subsection 71(2) or (4); (d) a recognizance entered into under subsection 71(5); or (e) a condition of an adjournment ordered for such a hearing; a judge or associate judge may proceed with the hearing in the support payor's absence or issue a warrant for the support payor's arrest for the purpose of ensuring their attendance at the hearing. S.M. 2023, c. 34, s. 66 . Definitions 71(1) The following definitions apply in this section. "justice" means a judge of the Provincial Court, an associate judge, the deputy registrar of the Court of King's Bench or a justice of the peace. (« juge ») "officer in charge" means the peace officer who is in charge of the lock-up or other place to which a person is taken after their arrest. (« responsable ») "peace officer" means a peace officer as defined in the Criminal Code (Canada). (« agent de la paix ») Arrested support payor to be released on promise or undertaking 71(2) If a support payor is arrested pursuant to a warrant issued under section 70, the arresting peace officer or the officer in charge must, if the director is not opposed to the support payor's release, release the support payor on the support payor giving a promise to appear or an undertaking to appear at the hearing in question. Arrested support payor to be brought before justice 71(3) In the case of a support payor who is not released under subsection (2), the arresting peace officer or the officer in charge must, as soon as practicable but in any event within 24 hours after the arrest, bring the support payor before a justice. Release on undertaking 71(4) The justice must order the release of the support payor on the giving of an undertaking to appear at the hearing in question unless the director shows cause why, for the purpose of ensuring the support payor's attendance at the hearing, detaining the support payor or requiring a recognizance is justified. Release on recognizance 71(5) If the director shows cause why a recognizance is justified to ensure the support payor's attendance at the hearing, the justice may order the support payor's release if the support payor enters into a recognizance to appear at the hearing, with such conditions and such sureties or deposits of money or valuable security, if any, as the justice (a) considers appropriate in the circumstances for ensuring the support payor's attendance at the hearing; and (b) specifies in the order. Order for detention 71(6) If the director shows cause why detention of the support payor is justified to ensure the support payor's attendance at the hearing in question, the justice must order the support payor to be detained in custody until the completion of the hearing. Director may show cause in writing 71(7) The director may show cause under this section by providing a written submission to the justice, and the justice must consider the submission without requiring the director to appear. S.M. 2023, c. 34, s. 66 . Appeal 72 An order under section 71 may be appealed to a judge of the Court of King's Bench. ENFORCEMENT OF COURT COSTS 73 [Not yet proclaimed] TRANSITIONAL PROVISIONS Transition — continuation of enforcement 74 Subject to the regulations, (a) an enforcement action taken under the former Act continues under this Act as if it had been taken under this Act; and (b) on the coming into force of this Act, (i) any order made and any notice, request or other document issued, given, served or filed under Part VI of the former Act continues in effect and is to be applied or acted upon as if it had been made, issued, given, served or filed under this Act, and (ii) any unpaid penalty assessed or fee or cost charged under Part VI of the former Act continues to be payable and may be enforced against the support payor as if it had been assessed or charged under this Act. PART 4 MISCELLANEOUS PROVISIONS Action required by court order 75 If the director is required by a court order to take any action, the director is not required to take that action until the director has received a copy of the order signed by the court. Rights are additional 76 The rights given under this Act are in addition to and not in substitution for any rights given under any other law. Support recipient may apply for appointment of receiver 77 In addition to any other remedy a support recipient may have for the enforcement of a support order, a support recipient may apply to a court for the appointment of a receiver. Section 58 applies, with necessary changes, to the application and, for this purpose, subsection 58(3) is to be read without reference to "under this Act". No limitation period 78 Despite any other Act or law, no time limitation applies in respect of the enforcement of a support order and the recovery of amounts owing under it, including any penalty assessed against the support payor under subsection 37(1) or fees charged to the support payor under subsection 86(1). Death of support payor 79(1) If a support payor is in default under a support order at the time of their death, the amount in default is a debt of the estate and is recoverable by the support recipient in the same manner as any other debt recoverable from the estate. Death of support recipient — effect on child support 79(2) If support is payable for a child under a support order at the time of the support recipient's death, the personal representative of the deceased may sign and file with the director a statement in an approved form indicating that the enforcement provisions are to continue to apply to the child support provisions of the support order. On the filing of the statement, the enforcement provisions continue to apply to the child support provisions of the support order, but the director must make the child support payments payable to the estate of the support recipient. Death of support recipient — effect on other support provisions 79(3) If a support payor is in default under a support order with respect to payments other than support for a child at the time of the support recipient's death, the personal representative of the deceased may (a) recover for the estate the amount in arrears; or (b) sign and file with the director a statement in an approved form indicating that the enforcement provisions are to continue to apply to the recovery of the arrears. On the filing of the statement, the enforcement provisions continue to apply to the recovery of the arrears. Death of child 79(4) If support is payable for a child at the time of the child's death, any amount in default as of the date of death continues to be owing to the support recipient. Upon receiving proof of the child's death, the director must cease enforcing support for the child as of the date of death or, if support is payable for more than one child, adjust the support payable as of the date of death in accordance with section 32 or 33, if possible. Director may interpret orders 80(1) The director may interpret a support order or other order for the purpose of enforcement under this Act. Clarification of support order or other order 80(2) If a support payor or support recipient does not agree with the director's interpretation of a support order or other order, the onus is on the support payor or support recipient to apply to a court to have the order clarified. Offsetting child support if two support payors 81 If two support payors are required to pay child support to each other under a support order, the director may subtract the lower obligation from the higher one and enforce payment of the difference. Adjustment of instalments 82 If the monthly amount of support specified in a support order is made payable in instalments that, on an annualized basis, do not match the annual equivalent of the monthly amount, the director may, only for the purpose of enforcing the order, (a) assume that the specified monthly amount and the frequency of the instalment payments are correct; and (b) adjust the instalment payments so that, on an annualized basis, they match the annual equivalent of the specified monthly amount. Computer printout as evidence 83(1) In any proceeding, a computer printout showing, as of the date of the printout, the state of the director's account of money paid or owing by the support payor or received by the support recipient under a support order is admissible in evidence as proof of the state of the account as of the date of the printout unless the contrary is shown. Notice of certificate not required 83(2) Despite subsection 49(3) of The Manitoba Evidence Act , a party intending to produce the printout may do so without prior notice to the other party. No interest payable 84 No interest is payable by the government on money received by the director for the support recipient's benefit. Money received for support recipient's benefit not attachable 85 Despite any other Act, money received by the director for a support recipient's benefit is not attachable by any other person or entity. Director may charge fees to support payor 86(1) The director may charge fees to a support payor in relation to the following: (a) any action taken by the director under the enforcement provisions; (b) any payment to the director that is dishonoured by the support payor's financial institution. The fees are to be determined in accordance with the regulations. Enforcing payment of fees 86(2) The payment of fees charged under this section may be enforced in the same manner as a penalty imposed under section 37. Money to be applied first to amounts payable to support recipient 86(3) Money received or collected by the director may be applied to the amounts charged to a support payor under this section only if (a) the support payor is not in arrears under a support order to which the enforcement provisions apply; and (b) no penalty is owing under section 37. Recovery of outstanding fees 86(4) The director may enforce the payment of fees charged to a support payor under this section even if the director is no longer enforcing a support order against the support payor. Cancellation of fee 86(5) Upon application, a court may cancel a fee, in whole or in part, if the court is satisfied that, having regard to the interests of the person in arrears or their estate, it would be grossly unfair and inequitable not to do so. Director may reduce or cancel fees 86(6) The director may reduce or cancel fees if (a) the director is satisfied that the outstanding fees cannot be collected; (b) the support payor does not reside in Manitoba and the support order is registered for the purpose of enforcement in another province, territory or reciprocating jurisdiction; or (c) the director is satisfied that the reduction or cancellation is reasonable in the circumstances. Offence — false statutory declaration 87(1) A person who makes a false statutory declaration under this Act is guilty of an offence and is liable on conviction to a fine of not more than $2,000, or to imprisonment for a term of not more than 90 days, or both. Offence — non-compliance with Act or order 87(2) A person who fails to comply with a provision of this Act or an order made under this Act is guilty of an offence and is liable on conviction to a fine of not more than $10,000, or to imprisonment for a term of not more than one year, or both. Regulations 88 The Lieutenant Governor in Council may make regulations (a) respecting the powers and duties of the director under this Act; (b) prescribing fees, including (i) the fee that may be charged to a support recipient for the filing of a statement to opt into the enforcement provisions, (ii) the fees that may be charged to a support payor in relation to actions taken by the director to enforce a support order, and (iii) the fee that may be charged for a dishonoured payment; (c) respecting the giving or service of any notice or other document under this Act, including rules for determining when a document given or served in accordance with the regulations is deemed to have been given, served or received; (d) respecting the content of any notice to be given under this Act; (e) respecting the manner in which support payments are to be remitted to the director; (f) respecting payment plans under subsection 36(3); (g) respecting the penalties to be imposed under section 37, including (i) prescribing the amounts to be charged or the manner of determining the amounts to be charged, (ii) specifying the frequency of assessing a penalty, and (iii) enabling the director to waive a penalty in whole or in part in specified circumstances; (h) respecting support deduction notices under sections 44 to 51, including (i) respecting the SDN payor's required response to a notice, (ii) prescribing circumstances in which the director may adjust, suspend, reactivate or terminate a support deduction notice, (iii) allowing a SDN payor to charge the support payor fees or costs for complying with this Act in relation to a support deduction notice and prescribing the amount or amounts that may be charged, (iv) prescribing an amount greater than $250 as the monthly exemption for wages and pension benefits, and (v) respecting applications to court to vary the amount of the monthly exemption for wages and pension benefits; (i) for the purpose of section 63 (lottery prizes), respecting the collection and use of information about Manitoba claimants, and the use of the director's records about support payors, to determine if a claimant is a support payor; (j) respecting records, including the form and content of records and the manner in which they must be maintained by the director; (k) respecting anything required to deal with (i) problems or issues arising as a result of the repeal of the former Act and the enactment of this Act, or (ii) the transition from the enforcement of maintenance orders under the former Act to the enforcement of those orders under this Act, including the continuation of any enforcement action commenced under the former Act and the continuing effect of any action taken or order, notice, request or other document issued, served, given or filed under the former Act; (l) prescribing anything referred to in this Act as being prescribed; (m) respecting any other matter that the Lieutenant Governor in Council considers necessary or advisable to carry out the purposes of this Act. PART 5 CONDITIONAL AND CONSEQUENTIAL AMENDMENTS CONDITIONAL AMENDMENTS 89 NOTE: This section contained amendments to this Act related to S.M. 2021, c. 60, Schedule A, which have now been included in this Act. CONSEQUENTIAL AMENDMENTS 90 to 103 NOTE: These sections contained consequential amendments to other Acts that are now included in those Acts. PART 6 REPEAL, C.C.S.M. REFERENCE AND COMING INTO FORCE Repeal 104 Part VI (Enforcement of Maintenance Orders) of The Family Maintenance Act is repealed. C.C.S.M. reference 105 This Act may be referred to as chapter F26 of the Continuing Consolidation of the Statutes of Manitoba . Coming into force 106 This Act comes into force on a day to be fixed by proclamation. NOTE: S.M. 2022, c. 15, Schedule B, except section 73, came into force by proclamation on July 1, 2023.