How do I make sure that my ex pays the support they agreed to pay in our separation agreement?

/ Highlander Law Group/

Register your Separation Agreement with the Court

The easiest way to make sure that support is paid is to register your agreement with the court. Under the Parenting and Support Act, you can register a signed separation agreement with the court, provided that the following things are true:

  • there is not a previous court order

  • the agreement is in writing

  • it is signed by both parties

  • the signatures are witnessed by someone over the age of majority

  • the agreement has appropriate child support amounts, if applicable

To register your agreement, you will need to complete an application, pay the filing fees, and file an original signed agreement, along with some additional documents, including a Statement of Contact Information, and if there are children, a Statement of Income for the person paying support (or both parents, if you have a shared parenting arrangement). You do not need the agreement of the other person to register the agreement.

When you make this application, a judge will review it to make sure that it follows the law, and if it meets all of the requirements, it will be issued as an order of the court. If there are any issues, the court will contact you to let you know what the problems are, and may ask you to provide more information to the court.

Nova Scotia Maintenance Enforcement Program

Once the agreement is registered, a copy will be sent to the Maintenance Enforcement Program (MEP). This is the government department that makes sure that people pay the support they have agreed to or have been ordered to. They will send information to both parents about how the process works.

The only time that MEP doesn’t enforce support is if both parties send in a form to say that they want to opt out. You cannot be forced to opt out.

Many people prefer to deal with MEP, rather than sending or receiving money directly from the other party, because there is a record of all payments made, which can be used in court, if there is a dispute about whether support has been paid or not.

If you would like legal advice or assistance with registering a separation agreement with the court in Nova Scotia, contact us, and we will be happy to assist.

By: Anastacia DesLauriers – Lawyer

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