For a debtor who is a member of the Canadian Forces, the Maintenance Enforcement Program (MEP) may send an application to the Department of National Defence requesting that part of the debtor's monthly salary or pension be diverted to satisfy his or her maintenance obligations. This application for a pay or pension diversion is similar to issuing a support deduction notice (also known as garnishee) although different procedures must be followed. Further, federal legislation restricts the amounts that may be collected.
The maximum amount that the Department of National Defence may pay to MEP in a given month is the periodic maintenance amount specified in the enforceable support order or agreement. For example, if a court order requires the military member to pay $500 per month in child maintenance, the Department of National Defence will not send more than $500 to MEP each month. The Department may not make payments toward any outstanding arrears unless the support order or agreement confirms the amount of arrears owing and directs the debtor to pay a monthly contribution toward them. Therefore, if creditors wish to receive more than their ongoing support payment from the Department of National Defence, they may consider bringing a court application to set the arrears as well as a monthly arrears contribution. For instance, a court could direct the debtor to pay $500 per month in maintenance plus $50 per month towards the total arrears, which the court sets at $750. This will allow the Department of National Defence to pay MEP $550 each month until the $750 arrears are paid in full.
Regulations governing members of the Canadian Forces also indicate that monthly payments from the Department of National Defence may not exceed certain levels, given other deductions from the debtor's wages, salary or pension. This may mean that MEP is unable to collect the full monthly court-ordered amount through a pay or pension diversion.
Restrictions on the maximum monthly amount that the Department of National Defence may send to MEP also apply to a lump sum payout, such as a lump sum pension payment. Regardless of the size of the payout, MEP may only collect a maximum of one month's worth of court-ordered payments. In order to possibly receive a greater portion of a lump sum to be paid to a member of the Canadian Forces, creditors may wish to bring a court application prior to the lump sum payout. If MEP receives a court order setting the amount of arrears, a collection officer may then send an application to the Department of National Defence to divert proceeds from the payout. Again, federal regulations set a maximum that may be collected.
Because requests for payments from the Department of National Defence are not made through MEP's computer system, a pay or pension diversion will not appear as a collection action on the MEP Info Line or MEP Accounts Online. Clients should therefore speak to a collection officer in MEP's Client Services Centre if they have inquiries about this type of enforcement.