Stay of Enforcement

A Stay of Enforcement is an Order that stops Maintenance Enforcement from taking some steps to enforce your child support or spousal support order.

What you should know about a Stay of Enforcement:

  • If your drivers license is suspended, a Stay of Enforcement does not allow you to get your drivers license back.  If that is what you want to do, contact Maintenance Enforcement.
  • A Stay of Enforcement will not stop federal enforcement steps (e.g. a garnishee of your EI or tax refund or a suspension of your passport)
  • A Stay of Enforcement can stop or change the amount of a wage garnishee.
  • A Stay of Enforcement can stop Maintenance Enforcement from taking any further steps to enforce.
  • Because of the long delay, a Stay of Enforcement can be useful if you have filed an Interjurisdictional Support Orders (ISO) application to reduce your child support.
  • Unless your court order says otherwise, a Stay of Enforcement does not mean that you do not have to pay the monthly support.  It only delays the payment.  When the Stay of Enforcement ends, you will have to get caught up.
  • A Stay of Enforcement, in most cases, will last a maximum of 3 months.  It can be extended for a further 3 months.

If you are behind in your support payments because you cannot afford the monthly support amounts, then you should apply to change your support order.  To change child support, go here.  To change your spousal support, go here.

What do I need to do before I start?
You must gather up your financial information.
The paperwork that the court will want to see is:

  • Your complete tax returns and Notices of Assessment for the past 3 years;
  • Your pay stubs or other proof of your income for this year;
  • A list of all of your assets and debts; and
  • A list of all of your monthly expenses.

For this type of application, you must do the paperwork yourself. 

If you want a lawyer to help you, see Legal Advice and Assistance.