Instructions Maintenance Enforcement Support Agreement Introduction

Transcription

Instructions Maintenance Enforcement Support Agreement Introduction
-1-
Maintenance Enforcement Support Agreement
Instructions
Introduction
Attached to these instructions is a form called Maintenance Enforcement Support Agreement. This
agreement may be used by persons who wish to make an agreement for:
¾
child support
¾
spousal support (for married couples), or
¾
adult interdependent partner support.
The Maintenance Enforcement Program (MEP) can enforce support agreements made by persons who
have completed this form as long as all of these conditions have been met:
¾
the signed agreement is filed by one of the parties with the Alberta Court of Queen’s Bench,
¾
notice of filing is given to the other party,
¾
an sworn affidavit (called an Affidavit of Service) is filed with the Court of Queen’s Bench giving
details of how this notice was provided, and
¾
either party submits to MEP a registration package that includes a copy of the filed Maintenance
Enforcement Support Agreement and Affidavit of Service,
Do NOT use this agreement if:
¾ You have a signed agreement made under the Income Support Recovery Act, the Parentage
and Maintenance Act or Part 5 of the Income and Employment Supports Act, or any court order.
¾ You have a court order for support
¾ You are receiving Supports for Independence, Assured Income for the Severely Handicapped or
other benefits from the Alberta Ministry of Human Resources and Employment. (In these cases,
talk to your case worker.)
Part 1 – How to Complete Your Maintenance Enforcement Support Agreement
General Instructions
¾
Complete all of the sections of the agreement that apply to you. You must complete sections 1,
2, 3 and 13.
¾
Unless you have already started a court action in which this agreement can be filed, you do not
need to complete the “Action No.” or “Judicial District of” blanks at the top of the first and last
pages. The court clerk will fill these parts in when you file your agreement in the Court of
Queen’s Bench. Filing will be discussed in Part 3 of these instructions.
¾
Do not cross off clauses from this agreement. If any section does not apply to your situation,
write “N/A” in the space provided.
¾
Do not add extra clauses to the agreement. If you do, MEP will not enforce it.
¾
MEP staff and courthouse staff cannot help you complete this agreement. You may wish to
talk to lawyer or use other help listed in the “List of Resources” section at the end of these
instructions.
Instructions – Maintenance Enforcement Support Agreement
November 2005
-2Number 1 – Parties to the Agreement
Print the full name (i.e., first, middle and last name) of the person who will be receiving money for child,
spousal or adult interdependent partner support (the creditor) on the line followed by “the Recipient”.
Print the full name of the person who will be paying money for child, spousal or adult interdependent
partner support (the debtor) on the line followed by “the Payor”.
Number 2 – Type of Maintenance to Be Paid
Check off the first box for spousal or partner support.
Check off the second box for child support. Fill in the full names and dates of birth for the children.
Number 3 – Previous Maintenance Enforcement Support Agreements
If this is the first Maintenance Enforcement Support Agreement you have made together regarding child,
spousal or adult interdependent partner support, check off box ‘a’.
If there is an earlier Maintenance Enforcement Support Agreement between the two of you that you wish
to replace, check off box ‘b’. Then fill in the requested details of the earlier agreement.
If there is an earlier Maintenance Enforcement Support Agreement between the two of you and you want
MEP to enforce both the earlier agreement and this new one, check off box ‘c’ and fill in the details of the
earlier agreement.
Number 4 – Guideline Income
Fill in both parties’ annual guideline income. Normally, this is the gross annual income from all sources
(see line 150 of the tax return).
The Family Law Information Centres provide help on how to decide what amount to use for the guideline
incomes. See the “List of Resources” section at the end of these instructions.
Number 5(a) – Amount of Base Child Support
Fill in the amount of base child support to be paid to the Recipient each month (the table amount under
the Child Support Guideline).
Number 5(b) – Payment Schedule for Base Child Support
Base child support can be paid once per month or in two equal bi-monthly installments (for example on
the 1st and the 15th day of the month). Check off only one of these boxes and fill in all of the necessary
details.
Number 6 – Adjustment of Child Support When a Child Becomes Ineligible
The Child Support Guideline table sets out the amount of support to be paid for all of the children – not an
amount “per child”. This clause allows you to tell MEP what to do when one or more of your children no
longer need support.
Fill in the amount of child support you expect MEP to collect if one or more of the children stops being
eligible for maintenance in the future. You can use the Federal Child Support Guidelines to set the new
support amount, or agree on a different amount.
Instructions – Maintenance Enforcement Support Agreement
November 2005
-3Number 7(a)(i) – Monthly Additional Expenses Relating to the Child(ren)
If you have agreed that additional expenses (sometimes called special expenses or section 7 expenses)
for your children will be paid to the Recipient each month, check off the box next to “Monthly Payments”.
Also, set out the total amount of the monthly expense payment, the day of the month on which the
payment is to be made and the date on which the first payment is due.
If you need help to calculate the amount that should be paid for these additional expenses, contact the
Family Law Information Centre..
Number 7(a)(ii) – Details of the Monthly Additional Expenses
This is the breakdown of the additional expenses. List the expense by the child’s name and the type of
expense, and the dollar amount to be paid towards that expense. The total of the expenses in this
paragraph should be the same as the amount in number 7(a)(i).
If you have agreed that the payor will pay a specific amount for additional expenses, but you do not want to
break it down, you can write “n/a” across number 7(a)(ii)
Number 7(b) – Lump Sum or Annual Additional Expenses
If the additional expenses for your children are to be paid once only (lump sum) or once each year
(annual), check off this box. Some examples of additional expenses that might be paid only once, or
once each year, are tuition costs, glasses or contact lenses, sports equipment or musical instruments.
Note that lump sum or annual expenses can be paid in addition to ongoing monthly expenses.
Fill out the first name of each child for whom lump sum or annual expenses are to be paid. Describe what
the lump sum or annual expenses for each child are for and the amount to be paid for each child. If an
expense is a one-time lump sum payment, check off this box and fill in the date on which the lump sum
payment is to be made. If the expenses are to be paid once each year, check off this box and fill in the
date of the annual payment. The expenses for each child must be listed separately.
Number 8 – Termination of Child Support and Expenses
Check off one of the two boxes. If you check off the second box, write in when the child support will end.
If you were not married, you will have to use the second box, and write in when the support will end.
If you are not sure when support should end, you can speak to the Family Law Information Centre or a
lawyer.
Number 9(a) – Amount of Monthly Spousal or Adult Interdependent Partner Support
Fill in the total amount of spousal or adult interdependent partner support to be paid to the Recipient each
month.
Number 9(b) – Payment Schedule for Monthly Spousal or Adult Interdependent Partner Support
Spousal or adult interdependent partner support can be paid once per month or in two equal bi-monthly
installments (e.g. on the 1st and 15th of the month). Check off only one of these boxes and fill in the
necessary details.
Instructions – Maintenance Enforcement Support Agreement
November 2005
-4Number 10 – Ending Spousal or Adult Interdependent Partner Support
If you would like spousal or adult interdependent partner support to stop on a specific date, check off box
‘a’ and fill in the date on which you want the support to stop being paid.
If you would like spousal or adult interdependent partner support to stop for a particular reason instead of
on a specific date, check off box ‘b’ and fill in the reason. (For example, “Spousal support will stop when
the Recipient graduates from university.”) Please be as clear as possible.
Number 11 – Lump Sum Spousal or Adult Interdependent Partner Support
If spousal or adult interdependent partner support is to be paid in a single lump sum, or if a lump sum is to
be paid in addition to an ongoing monthly amount, fill out the amount to be paid and the date on which the
payment is to be made.
Number 12 – Enforcement by the Director of Maintenance Enforcement
By signing this agreement, the Recipient and the Payor agree that the agreement is to be registered with
MEP for enforcement and that all payments shall be made through MEP.
Number 13 – Date of Agreement
Fill out the date on which the agreement was reached and the city or town where it was made.
Fill in the addresses of both the recipient and the payor.
Part 2 – Signing the Agreement
Make 3 extra photocopies of the agreement.
Arrange for a witness. The witness must be someone other than the recipient and the payor, but the
same person can act as a witness for both the parties.
The Recipient and the Payor sign all 4 copies in front of their witness(es) and print their names in the
space provided. The witness(es) then sign all 4 copies where indicated, write in the date on which they
signed and print their full name in the space provided.
After the agreement is signed, the witness(es) must complete the Affidavit of Execution for the person
whom they witnessed sign the agreement. If one witness was used for both the Recipient and the Payor,
then that witness will need to complete both Affidavits.
The witness must then see a Commissioner for Oaths for the Province of Alberta, sign the Affidavit and
swear an oath (or affirm) that they saw the Recipient or the Payor sign the agreement.
The Family Law Information Centre can commission the Affidavit of Execution for the witness(es). The
Family Law Information Centre staff CANNOT act as witness for the agreement.
Instructions – Maintenance Enforcement Support Agreement
November 2005
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Part 3 – How to File Your Agreement with the Court
Once your agreement (including the sworn Affidavits of Execution) is completed, you will need to file it
with the Alberta Court of Queen’s Bench and provide a filed copy to the other party. Only one party
needs to file the agreement with the court and either the Recipient or the Payor can do this.
First complete the last page of the agreement (page 6 of 6) with your name, address for service, phone
number and fax number if applicable.
If you already have a Queen’s Bench action number from a court action you have started (such as a
divorce action), fill in the action number and judicial district on this last page and in the upper right hand
corner of the first page of the agreement.
Take the 4 original signed copies of your agreement to the clerk at the Queen’s Bench counter. The clerk
will stamp all of the documents and keep one original for the court’s files. The remaining 3 original signed
copies will be returned to you.
There is no fee for filing your agreement with the court.
Make one photocopy of the filed Agreement.
Part 4 – How to Serve Notice That the Agreement Has Been Filed with the Court
The Maintenance Enforcement Act states that the party who filed the agreement with Queen’s Bench to
serve notice of this filing on the other party. This notice can be a letter stating that the agreement has
been filed, along with a filed copy of the agreement. A blank Notice of Filing form letter is attached to
these instructions. Complete the letter and make one copy.
The letter and a filed copy of the agreement (with original signatures) must be served on the other party.
These can be served by being:
¾ hand-delivered to the other party, or
¾ sent to the other party by ordinary mail, registered mail, priority mail or courier to the address
that the party listed in number 13 of the agreement.
The documents may be served on the other party by you, by a friend, or by a process server. Process
servers are listed in the yellow pages of the phone book.
Part 5 – Completing and Filing the Affidavit of Service
The person who serves the letter and agreement must complete an Affidavit of Service to explain how the
other party was served.
A blank Affidavit of Service form is attached to these instructions for your use. Fill in the blanks as
instructed on the form, including the back page.
Attach the photocopy of the filed agreement just before the back page and mark it as Exhibit ‘A’.
Make 1 copy of the Affidavit of Service, including the agreement attached as Exhibit “A”
Take the sworn Affidavit of Service and the copy to the courthouse for filing. Give them to the clerk at the
Queen’s Bench counter, who keep the original Affidavit of Service for the court’s files. The remaining
copy will be stamped “filed” and returned to you.
Instructions – Maintenance Enforcement Support Agreement
November 2005
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Part 6 – Registering Your Agreement with MEP
Complete the registration package (which you can obtain from MEP or from the Family Law Information
Centre).
Send the following to MEP:
¾
The completed MEP registration package
¾
A filed copy of the agreement (with original signatures)
¾
A filed copy of the Affidavit of Service
Please make sure that your Affidavit of Service and agreement are included with your registration
documents; sending them separately may delay registration and enforcement of your agreement.
MEP will then register the file, provide registration notices to both parties and enforce the Maintenance
Enforcement Support Agreement.
Instructions – Maintenance Enforcement Support Agreement
November 2005
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Maintenance Enforcement Support Agreement
Frequently Asked Questions
Why must I use this form and not another one?
The Maintenance Enforcement Act allows MEP to enforce Alberta maintenance agreements as long as
they meet the requirements of the Maintenance Enforcement Regulation. This standardized agreement
form was created for the benefit of MEP’s clients. By using this form, clients make sure that the
maintenance clauses are clear and that MEP will be able to assist them in enforcement.
Do I need a lawyer to help me complete this agreement?
You do not have to have a lawyer complete your agreement. However, you may wish to see a lawyer for
advice to make sure that your rights and the rights of your children are fully protected. Or, if you do not
think you can complete the agreement on your own, you can hire a lawyer to do it for you.
Can the staff at the MEP office or the court house help me complete a maintenance
agreement?
MEP and court staff cannot help you complete the agreement. If your income is low, you may be able to
get some help from the Child Support Services division of Human Resources and Employment.
Court staff cannot witness your agreement but can act as a Commissioner for Oaths.
What does the term “base child support” mean?
Base child support is the monthly amount of child support to be paid to the Recipient that does not include
any monthly, annual or lump sum payments for special or extraordinary expenses (such as daycare or
medical costs). This amount is usually the table amount as set by the Child Support Guidelines.
The total child support amount includes the base amount plus any amount for special or extraordinary
expenses. You can get more information on the Child Support Guidelines from the Family Law
Information Centre.
Can we change our court order by completing this form?
No. Only a court order can change (vary) another court order.
I have an agreement under the old Parentage and Maintenance Act. How do I change it?
You cannot use this form to change an agreement made under the Parentage and Maintenance Act.
If the two of you agree on a new amount, you can enter into a Consent Order. The Family Law
Information Centre has information that will help you prepare a consent order. Or, if you were on public
assistance at the time the old agreement was signed, you can get help to do a different kind of agreement
from Human Resources and Employment’s Child Support Services office.
Instructions – Maintenance Enforcement Support Agreement
November 2005
-8-
We want to change our Maintenance Enforcement Support Agreement. How do we do
this?
There are two ways to change your agreement. The first is by signing and registering a new agreement
with MEP. The new agreement must indicate that it is replacing or supplementing the earlier agreement.
It is best if the new agreement replaces the earlier agreement rather than supplementing it – that way
there is no confusion as to which agreement to follow.
The second way to change an agreement is by going to court and getting an order dealing with the issues
of child, spousal and/or adult interdependent partner support. The Family Law Information Centre has
information that can help you go to court.
Instructions – Maintenance Enforcement Support Agreement
November 2005
MAINTENANCE ENFORCEMENT SUPPORT AGREEMENT
INSTRUCTIONS
List of Resources
Parties using the Maintenance Enforcement Support Agreement may find the following
resources to be helpful:
Help with negotiating the amount of support:
Family Justice Services – Family Mediation
¾ Edmonton: (780)427-8329
¾ Calgary: (403)297-6981
¾ Outside Edmonton and Calgary: (403) 340-7187
In some cases, the Child Support Resolution Project (in Edmonton) or the Dispute
Resolution Project in Calgary may be able to help you to negotiate the amount of
support. For more information on whether you qualify to participate in this project, call
(780) 427-1907 in Edmonton or (403) 297-6981 in Calgary.
.
You may want to consult a lawyer for advice, or find general information on issues of
support. To contact a lawyer, you may call:
¾ Lawyer Referral Service: 1-800-661-1095 (will provide the names of 3 lawyers
who will speak to you for ½ hour without charge)
¾ Alberta Law Line: 1-866-845-3425 (legal advice on the phone for low income
callers)
¾ Calgary Legal Guidance: (403)234-9266 (free evening appointment with a
volunteer lawyer – Calgary only)
Federal Child Support Guidelines:
Information on the Federal Child Support Guidelines and calculating guideline income
can be obtained by consulting with a lawyer, or through any of the following sources:
¾ The Family Law Information Centres
1A Sir Winston Churchill Square
Edmonton
Ph. (780)415-0404
7th floor South
601 – 5 Street S.W.
Calgary
Ph. (403)297-6981
From elsewhere in the province, phone 310-0000 then the number
Or see the website at www.albertacourts.ab.ca
¾ the federal government’s Family Law Information Line at 1-888-373-2222 and
its web site at www.canada.justice.gc.ca/en/ps/sup
Maintenance Enforcement Support Agreement Instructions
-9-
October 2005
¾ the Parenting After Separation seminar offered by the provincial government at
no charge. To enroll, call (780) 413-9805 in Edmonton or (403) 440-3833 in
Calgary. If you live elsewhere in Alberta you can call toll-free by dialing 3100000 (403) 340-7187.
Commissioner for Oaths:
A Commissioner for Oaths is a person, such as a lawyer, a municipal or government
official or someone who is authorized by the province to administer oaths.
Commissioners are available at MEP’s Edmonton office and at all courthouses to assist
clients in commissioning your documents. Some law firms, realtors and registry agents
also offer commissioning services at little or no cost.
Registering with the Maintenance Enforcement Program:
For information on registration with MEP and to obtain a registration package, you may
access MEP’s web site at www.gov.ab.ca/just/mep. You may also order a package
through the fax-on-demand option of MEP’s automated telephone system, the MEP Info
Line: phone (780) 422-5555 in Edmonton (dial 310-0000 for toll-free access anywhere
in Alberta), press “8” for General Info and Forms and “4” for fax-on-demand. The
catalogue number for a creditor registration package is 99017; the catalogue number for
a debtor registration package is 99018.
Or, you can pick up a registration package at the MEP office or the Family Law
Information Centre.
The completed registration package should be sent to:
Maintenance Enforcement Program
7th Floor, J. E. Brownlee Building
10365 – 97 Street
Edmonton, AB
T5J 3W7
Maintenance Enforcement Support Agreement Instructions
- 10 -
October 2005
Action No.
In The Court of Queen’s Bench of Alberta
Judicial District of
MEP File No.
Maintenance Enforcement
Regulation
CANADA
Province of Alberta
1.
Form 6
Between:
, the Recipient
(Creditor)
and
, the Payor
(Debtor)
Maintenance Enforcement Support Agreement
2.
This agreement requires the payment of support for a (former) spouse or adult interdependent partner. We, the
Payor and Recipient, certify there has never been a court order previously granted requiring the Payor to pay
spousal or adult interdependent partner support for the Recipient.
This agreement requires the payment of support for the child(ren) named below. We, the Payor and Recipient,
certify there has never been:
(a) a court order, or
(b) an agreement under Part 5 of the Income and Employment Supports Act, the Parentage and
Maintenance Act or the Income Support Recovery Act
requiring the Payor to pay support to the Recipient for any of the children named below.*
Full Name of Child
3.
Birthdate (yyyy/mm/dd)
Previous Maintenance Enforcement Support Agreements
a.
b.
We have not previously made any Maintenance Enforcement Support Agreement between us relating to child,
spousal or adult interdependent partner support, or
This agreement replaces the Maintenance Enforcement Support Agreement previously made between us on
, which was filed with the Court of Queen’s Bench, Judicial District of
yyyy
mm
on
as Court Action No.
yyyy
c.
,
dd
mm
, or
dd
This agreement supplements the Maintenance Enforcement Support Agreement previously made between us on
, which was filed with the Court of Queen’s Bench, Judicial District of
yyyy
mm
on
as Court Action No.
yyyy
,
dd
mm
. Where there is a conflict between the two
dd
agreements, the terms of this agreement will be used.
* By law, this agreement cannot vary any court order. It also cannot vary an agreement made under Part 5 of the Income and
Employment Supports Act, the Parentage and Maintenance Act or the Income Support Recovery Act.
Page 1 of 6
MEP3388 (2008/12)
IT IS AGREED THAT:
4.
a.
Guideline Income
The Payor’s annual income as calculated in accordance with the Child Support Guidelines is
$
b.
.
The Recipient’s annual income as calculated in accordance with the Child Support Guidelines is
$
5.
.
Base Child Support
a.
The Payor shall pay to the Recipient the sum of
child(ren) named above.
b.
Payment will be made on the
$
per month for the support of the
day of each month commencing
, or
yyyy
Payment will be made in two equal instalments of $
, payable on the
days of each month, commencing
dd
and
.
yyyy
6.
mm
mm
dd
Adjustment of Child Support by the Director of Maintenance Enforcement
When the Director of Maintenance Enforcement is provided with evidence that satisfies the Director that one or more
children named above are no longer financially dependent on the Recipient, or otherwise do not qualify for the
collection of support under the policies of the Maintenance Enforcement Program, the Director will adjust the amount
of support payable as follows:
a.
If one child is no longer eligible for support collection, then the base child support payment shall be reduced to
$
b.
per month.
If ___ children are no longer eligible for support collection, then the base child support payment shall be reduced to
$
7.
a.
per month.
Additional Expenses Relating to the Child(ren)
Monthly Payments:
In addition to the base child support payment, the Payor shall pay to the Recipient the sum of $
per month for additional expenses for the child(ren) on the
day of each month commencing
, calculated as follows:
yyyy
mm
dd
Name of Child
Type of Additional Expense
Amount of Payor’s Contribution
$
$
$
$
Should the Recipient cease to incur any additional expense listed above, then the Payor shall no longer be
required to contribute to that expense.
Page 2 of 6
MEP3388 (2008/12)
b.
One-time or Yearly Payments:
In addition to any other payments required by this agreement, the Payor shall pay to the Recipient the following
additional expenses for the children:
Type of Additional
Expense
Name of Child
Payable When?
Amount of Payor’s
Contribution
payable one-time
$
$
$
$
payable yearly
yyyy
mm
dd
mm
dd
yyyy
mm
dd
mm
dd
yyyy
mm
dd
mm
dd
yyyy
mm
dd
mm
dd
Should the Recipient cease to incur any additional expense listed above, then the Payor shall no longer be
required to contribute to that expense.
8.
Termination of Child Support and Expenses
The obligation of the Payor to pay child support and expenses for a child terminates:
a.
upon the child no longer being considered a “child of the marriage” within the meaning of the Divorce Act (Canada), or
b.
upon the child no longer being considered a “child” within the meaning of Part 3 of the Family Law Act, or
c.
9.
Monthly Spousal or Adult Interdependent Partner Support
a. The Payor shall pay to the Recipient the sum of $
b.
Payment will be made on the
per month for the support of the Recipient.
day of each month commencing
, or
yyyy
Payment will be made in two equal instalments of
$
, payable on the
days of each month, commencing
dd
and
.
yyyy
10.
mm
mm
dd
Termination of Spousal or Adult Interdependent Partner Support
The obligation of the Payor to pay support for the Recipient shall terminate:
a.
on
, or
yyyy
mm
dd
b.
11.
One-time Spousal or Adult Interdependent Partner Support
The Payor shall pay to the Recipient, for the support of the Recipient, a one-time payment of $
payable on
,
.
yyyy
mm
dd
Page 3 of 6
MEP3388 (2008/12)
12.
Enforcement by the Director of Maintenance Enforcement
It is intended that this agreement be registered with the Director of Maintenance Enforcement and that payments
made under this agreement be made pursuant to the Maintenance Enforcement Act to the Director of Maintenance
Enforcement.
13.
Date of Agreement
This agreement is entered into on
at
yyyy
mm
dd
, Alberta.
(City or Town)
Address of Recipient
Signature of Recipient
Date (yyyy/mm/dd)
Print Name of Recipient
Signature of Witness
Date (yyyy/mm/dd)
Print Name of Witness
Signature of Payor
Date (yyyy/mm/dd)
Print Name of Payor
Signature of Witness
Date (yyyy/mm/dd)
Print Name of Witness
Address of Payor
Page 4 of 6
MEP3388 (2008/12)
Affidavit of Execution (Recipient)
My name is:
(name of witness)
My address is:
(address of witness)
I make oath and say that I was personally present and did see
, who is
(name of Recipient)
personally known to me
known to me on the basis of photographic identification provided
to be the person named herein, sign and execute the Maintenance Enforcement Support Agreement for the purpose named therein.
SWORN BEFORE ME
on
(date)
at
, Alberta.
(City/Town)
(Signature of witness)
(Commissioner for Oaths in and for the Province of Alberta or a Notary Public)
(Print or Stamp Name and Appointment Expiry Date)
Affidavit of Execution (Payor)
My name is:
(name of witness)
My address is:
(address of witness)
I make oath and say that I was personally present and did see
, who is
(name of Payor)
personally known to me
known to me on the basis of photographic identification provided
to be the person named herein, sign and execute the Maintenance Enforcement Support Agreement for the purpose named therein.
SWORN BEFORE ME
on
(date)
at
, Alberta.
(City/Town)
(Signature of witness
(Commissioner for Oaths in and for the Province of Alberta or a Notary Public)
(Print or Stamp Name and Appointment Expiry Date)
Page 5 of 6
MEP3388 (2008/12)
Court File No.
Court of Queen’s Bench of Alberta
Judicial District of
Maintenance Enforcement Support Agreement
This agreement was filed in the Court of Queen’s Bench by the following person:
(Name)
(Address for Service)
(Address for Service)
(Address for Service)
(Phone No.)
(Fax No.)
Page 6 of 6
MEP3388 (2008/12)
MAINTENANCE ENFORCEMENT SUPPORT AGREEMENT
Notice of Filing
(date)
(name of party with whom you made the agreement)
(address of party with whom you made the agreement)
Dear ______________________________:
(name of party with whom you made the agreement)
RE: MAINTENANCE ENFORCEMENT
This is to give you notice that on the ______ day of ____________, ______, a copy of our
(day)
(month)
(year)
Maintenance Enforcement Support Agreement dated ____________ ______, ______ was filed
(month)
(day)
(year)
in the Alberta Court of Queen’s Bench in _________________________. The Director of
(name of city or town)
Maintenance Enforcement will now be asked to enforce this agreement. Enclosed is a filed copy
of the maintenance agreement.
Yours truly,
______________________________
(signature of party giving notice of filing)
______________________________
(printed name of party giving notice of filing)
Enclosure
Clerk’s Stamp
COURT FILE NUMBER
Court of Queen’s Bench of Alberta
COURT
JUDICIAL CENTRE
APPLICANT
RESPONDENT
Affidavit of Service of Filed
Maintenance Enforcement
Support Agreement
DOCUMENT
SWORN / AFFIRMED BY
Name of person making this Affidavit
SWORN / AFFIRMED ON
Date Affidavit sworn / affirmed
ADDRESS FOR SERVICE
AND CONTACT
INFORMATION OF PARTY
FILING THIS DOCUMENT
Name
Full address
(
)
I,
, of
(Name of person who served)
, Alberta,
(Name of City / Town)
SWEAR / AFFIRM AND SAY THAT:
1.
I have personal knowledge of the following information, except where I say that what is
stated is based on information from another person, in which case, I believe that
information to be true.
2.
I am 18 years of age or older.
Affidavit of Service of Filed Maintenance Enforcement Agreement
Revised January, 2011
-2-
3.
On __________________________, I served ______________________________
(Date)
(Name of the party served)
with a true copy of the filed agreement that is marked as Exhibit ‘A’ and attached to this
Affidavit, as well as a notice advising that this agreement was filed at the Court of
Queen’s Bench, by delivering the copy and notice and leaving them with him/her at:
(full address where party was served)
OR
4.
On __________________________, I served ______________________________
(Date)
(Name of the party served)
with a true copy of the filed agreement that is marked as Exhibit ‘A’ and attached to this
Affidavit, as well as a notice advising that this agreement was filed at the Court of
Queen’s Bench, by:
Ordinary mail
Registered mail
Priority post
Courier
To him/her at:
(mailing address of party served)
Sworn (OR Affirmed) before me
on
, 20
at
, Alberta.
Signature of person swearing / affirming Affidavit
Commissioner for Oaths
in and for the Province of Alberta, Justice
of the Peace or Notary Public
Affidavit of Service of Filed Maintenance Enforcement Agreement
I.D. Verified _____________________
Revised January, 2011