When child support goes unpaid in Prince Edward Island, the Maintenance Enforcement Program (MEP) has authority under the Maintenance Enforcement Act, R.S.P.E.I. 1988, c. M-1 to pursue aggressive collection actions including wage garnishment, driver's license suspension, passport denial, bank account seizure, and property liens. As of 2022, PEI had approximately $12 million in outstanding child support arrears across 974 enforcement files, with 95% of debtors being fathers. The MEP charges a $25 monthly deterrent fee for each month a payor remains in default, plus service fees ranging from $50 to $100 for specific enforcement actions.
Key Facts: Child Support Enforcement in Prince Edward Island
| Factor | Details |
|---|---|
| Enforcement Agency | Maintenance Enforcement Program (MEP) |
| Governing Legislation | Maintenance Enforcement Act, R.S.P.E.I. 1988, c. M-1 |
| Enrollment Fee | Free (voluntary or court-directed) |
| Monthly Deterrent Fee | $25 per month in default |
| Dishonored Payment Fee | $50 per bounced/stopped payment |
| Total Arrears (2022) | $12 million across 974 files |
| Families Enrolled | Approximately 1,400 |
| Federal Enforcement Threshold | $3,000 arrears or 3 missed payments |
How the PEI Maintenance Enforcement Program Works
The Prince Edward Island Maintenance Enforcement Program administers and enforces child support orders under the Maintenance Enforcement Act, R.S.P.E.I. 1988, c. M-1, with approximately 1,400 families currently enrolled in the free, voluntary program. Once a court order or separation agreement is registered with MEP, all support payments flow through the program rather than directly between parties, creating a documented payment record and enabling immediate enforcement action when defaults occur. The MEP operates from the Honourable C.R. McQuaid Family Law Centre in Charlottetown and can be reached at 902-894-0383 or toll-free at 1-866-226-8722.
Enrollment in PEI's MEP takes approximately two to three weeks to process after submitting a completed registration form along with a copy of the current court order or separation agreement. While enrollment is voluntary, courts may direct enrollment in appropriate cases, and enrollment is strongly recommended for any parent receiving support payments. The program creates accountability by tracking all payments, calculating arrears, and initiating enforcement actions without requiring the recipient parent to return to court.
Administrative Enforcement Tools Available in PEI
PEI's Maintenance Enforcement Program utilizes a comprehensive suite of administrative enforcement tools that operate without requiring additional court intervention once an order is registered. The Director of Maintenance Enforcement (DME) has statutory authority to pursue multiple collection methods simultaneously, creating significant pressure on delinquent payors. Administrative enforcement in PEI is typically faster and less expensive than judicial enforcement, with most actions taking effect within weeks of initiation.
Wage Garnishment (Employer Payment Orders)
The MEP can issue employer payment orders directing an employer to deduct child support directly from the payor's wages before the payor receives their paycheck, ensuring consistent payment regardless of the payor's willingness to pay. Under Section 3(4) of the Maintenance Enforcement Act, a $50 service fee is charged for issuing each payment order. The DME may issue multiple payment orders as necessary when a payor changes employment. Prince Edward Island law prohibits employers from dismissing an employee for being subject to a maintenance enforcement payment order, protecting the payor's employment while ensuring support obligations are met.
Bank Account Garnishment
MEP enforcement officers can garnish funds directly from a defaulting payor's bank accounts without requiring the payor's consent or additional court orders. This enforcement tool is particularly effective for payors who are self-employed, work irregularly, or attempt to hide income from traditional wage garnishment. Bank garnishment can capture lump-sum deposits including tax refunds, bonuses, inheritances, and settlement proceeds that pass through the payor's accounts.
Driver's License Suspension
Prince Edward Island has authority under the Highway Traffic Act, R.S.P.E.I. 1988 to suspend existing driver's licenses of delinquent child support payors, not merely withhold license renewals. The regulations prescribe a $50 fee for giving notice of potential action respecting license suspension or revocation. PEI is among the provinces (along with Nova Scotia, Ontario, Manitoba, and Yukon) that can suspend existing licenses rather than waiting for renewal applications, making this a more immediate enforcement tool.
Tax Refund Interception
MEP can intercept federal and provincial income tax refunds owing to a delinquent payor and redirect those funds to satisfy child support arrears. This enforcement mechanism operates through the Family Orders and Agreements Enforcement Assistance Act (FOAEAA) at the federal level, which designates income tax refunds as 100% garnishable for support obligations. Tax intercepts typically occur annually during tax season and can capture significant lump sums that reduce arrears balances.
Property Liens and Registration
Arrears can be registered as a judgment against the payor's real property, preventing sale or refinancing until the support debt is satisfied. The regulations prescribe a $100 fee for taking proceedings to obtain a writ of execution under the Judgment and Execution Act, R.S.P.E.I. 1988, c. J-2. Property liens create long-term security for support arrears and ensure payment when property eventually transfers ownership.
Credit Bureau Reporting
MEP reports child support arrears to credit bureaus, damaging the delinquent payor's credit score and affecting their ability to obtain mortgages, car loans, credit cards, and other financing. This enforcement tool creates ongoing consequences that persist until arrears are paid and can significantly impact the payor's financial opportunities for years.
Federal Enforcement Mechanisms
When provincial enforcement tools prove insufficient or when the delinquent payor has moved outside Prince Edward Island, federal enforcement mechanisms become critical for collecting child support arrears. Under the Family Orders and Agreements Enforcement Assistance Act (FOAEAA), the federal government assists provincial maintenance enforcement programs with collection efforts that cross jurisdictional boundaries. Federal enforcement applies when the payor has missed at least three support payments or owes at least $3,000 in arrears, and the provincial MEP has exhausted other enforcement options and notified the payor of its intent to seek federal action.
Passport Denial and Suspension
The federal government can deny issuance of new Canadian passports and suspend existing passports for payors with significant child support arrears, effectively preventing international travel until obligations are addressed. Under the 1997 amendments to FOAEAA, of processed applications, 18% resulted in passport suspension while 82% were placed on a "control list" denying future issuance. This enforcement tool is particularly effective for payors who travel internationally for business or pleasure.
Federal Employment Income Garnishment
Through the Garnishment, Attachment and Pension Diversion Act (GAPDA), the federal government can garnish wages of federal government employees and contractors, as well as pension benefits payable under federal pension plans. Provincial garnishment laws typically limit wage garnishment to a maximum of 50% of disposable income, while other federal payments like tax refunds may be 100% garnishable.
Federal Transport License Denial
Payors who require federal marine or aviation licenses may have those licenses denied, suspended, or revoked for non-payment of child support. This mechanism is particularly effective for pilots, mariners, and others whose livelihoods depend on federally-issued credentials.
Employment Insurance and Benefits Interception
Under FOAEAA Part II, federal payments including Employment Insurance benefits, Old Age Security, Canada Pension Plan payments, and individual GST rebates can be garnished to satisfy child support arrears. These intercepts can capture regular benefit payments as well as lump-sum amounts owing to the delinquent payor.
Fees and Penalties for Default
Prince Edward Island imposes specific fees on payors who default on child support obligations, with charges designed to incentivize timely payment and cover the costs of enforcement administration. These fees are prescribed under the Maintenance Enforcement Act Regulations, PEI Reg EC41/13 and are in addition to the actual support arrears owed.
Deterrent Fee: $25 Per Month
A deterrent charge of $25 is assessed for each month during which the payor fails to pay maintenance under a maintenance order or fails to comply with a payment condition. This fee accumulates monthly for as long as the ledger carries a child support arrears balance, creating ongoing financial consequences for non-payment. A payor in default for 12 months would accumulate $300 in deterrent fees alone, on top of the actual support arrears.
Dishonored Payment Fee: $50
A deterrent charge of $50 applies to each dishonored or stopped payment, penalizing payors who write bad checks or stop payment on support payments. This fee discourages payors from making fraudulent or insufficient-funds payments.
Service Fees for Enforcement Actions
Specific enforcement actions incur service fees charged to the payor:
| Enforcement Action | Service Fee |
|---|---|
| Employer payment order | $50 |
| Garnishment summons (federal) | $50 |
| License suspension notice | $50 |
| Writ of execution proceedings | $100 |
Payment Application Priority
When payments are received, money is credited in the following order: first to the periodic payment most recently due, then to any balance of arrears, then to any other amount due under the maintenance order, and lastly to deterrent charges, fees, and costs awarded to the Director. This priority structure ensures that ongoing support obligations and arrears are addressed before administrative fees.
Judicial Enforcement and Contempt of Court
When administrative enforcement mechanisms fail to achieve compliance, the Director of Maintenance Enforcement may pursue judicial enforcement through the courts, which can include contempt of court proceedings against willfully non-compliant payors. Judicial enforcement is typically reserved for cases where all administrative strategies have been exhausted and the payor demonstrates willful refusal to pay rather than genuine inability.
Contempt Proceedings
Contempt of court proceedings are quasi-criminal in nature, requiring proof beyond a reasonable doubt that the payor is in willful disobedience of a court order rather than simply unable to comply. Courts distinguish between payors who genuinely cannot pay due to job loss, disability, or financial hardship versus those who have the means to pay but choose not to. Contempt proceedings may result in fines, supervised payment schedules, or in extreme cases, imprisonment.
Imprisonment as Enforcement
While PEI retains the authority to imprison a payor for willful failure to pay child support or comply with collection actions, this remedy is rarely pursued and typically applies only in the most egregious cases of deliberate non-compliance. Imprisonment is not intended to punish inability to pay but rather to coerce payment from those who have the financial means but refuse to comply. Courts may allow payors to purge contempt findings by paying arrears, thereby avoiding incarceration.
The 2021 Divorce Act Amendments and Enforcement
The March 1, 2021 amendments to the federal Divorce Act introduced significant changes affecting child support enforcement across Canada, including Prince Edward Island. These amendments, the first substantive changes to federal family law in over 20 years, modernize enforcement mechanisms and improve inter-jurisdictional cooperation for support collection.
Income Deeming for Recalculation
Previously, if a paying parent failed to disclose income for recalculation purposes, cases often had to return to court. As of March 1, 2021, the Divorce Act allows provincial child support services like PEI's MEP to deem a paying parent's income for recalculation purposes when income information is not provided. The regulations establish a standard calculation method based on percentages that increase depending on years since the last order was made, preventing payors from avoiding support increases by refusing to disclose income.
Parenting Terminology Changes
The 2021 amendments replaced "custody" and "access" terminology with "parenting time" and "decision-making responsibility," reflecting modern understanding of parenting arrangements following separation. Prince Edward Island courts and the MEP now use these updated terms in all orders and documentation.
Enhanced Inter-jurisdictional Enforcement
The amendments introduced a summary application procedure similar to the Inter-jurisdictional Support Orders Act (ISO), making it easier for families to obtain or vary support orders when parties live in different jurisdictions. This change is particularly relevant for PEI, where roughly 35% of child support arrears (approximately $4.2 million of the $12 million total) cannot be enforced provincially because the owing parents live in different jurisdictions.
Child Support Calculation in Prince Edward Island
Under the Federal Child Support Guidelines, child support in Prince Edward Island is calculated based on the paying parent's gross annual income and the number of children requiring support. The Federal Tables are updated periodically, with the most recent update effective October 1, 2025. Understanding how support is calculated helps parents verify that the correct amount is being enforced.
2026 Federal Child Support Table Examples for PEI
| Gross Annual Income | 1 Child | 2 Children | 3 Children |
|---|---|---|---|
| $40,000 | $354/month | $584/month | $765/month |
| $60,000 | $506/month | $863/month | $1,101/month |
| $80,000 | $654/month | $1,122/month | $1,433/month |
| $100,000 | $797/month | $1,370/month | $1,752/month |
These amounts represent base table support and do not include special or extraordinary expenses (Section 7 expenses) such as childcare, healthcare, education, or extracurricular activities, which are typically shared proportionally between parents based on their respective incomes.
What Recipients Can Do When Support Goes Unpaid
Parents receiving child support who are not yet enrolled in the Maintenance Enforcement Program should enroll immediately when payments become irregular or stop entirely, as MEP enrollment provides access to the full range of enforcement tools without requiring individual court applications. Enrollment is free and can be initiated by submitting a completed registration form along with the current court order or separation agreement to the MEP at the Honourable C.R. McQuaid Family Law Centre, 1 Harbourside Access Rd, PO Box 2290, Charlottetown, PE C1A 8C1.
Steps to Take When Support Stops
- Document all missed payments with dates and amounts
- Enroll in MEP if not already enrolled (takes 2-3 weeks to process)
- Provide MEP with current information about the payor's employment, banking, and assets
- Report any changes in the payor's circumstances or contact information
- Maintain records of all communication attempts with the payor
- Consider consulting a family lawyer if arrears become significant
Private Enforcement Options
While MEP provides most enforcement services, recipient parents may also pursue private enforcement actions including hiring collection agencies, obtaining their own court judgments, or pursuing contempt proceedings independently. However, MEP enforcement is generally more cost-effective and efficient for most families.
What Happens to Payors Who Can't Afford Support
Payors who experience genuine financial hardship due to job loss, illness, or other circumstances should not simply stop paying, as arrears will continue to accumulate along with deterrent fees and enforcement costs. Instead, payors should immediately apply to vary the support order through the court or provincial recalculation service, provide updated income documentation to MEP, and communicate proactively with the enforcement officer about payment difficulties.
Variation Applications
PEI courts can vary child support orders when there has been a material change in circumstances affecting the ability to pay. However, variation applications do not automatically cancel arrears that accumulated before the application date. Courts have discretion to reduce or forgive arrears in limited circumstances, but typically only when the payor can demonstrate genuine inability to pay rather than mere unwillingness.
Payment Arrangements
The Director of Maintenance Enforcement may work with payors to establish payment arrangements that address both current support and arrears repayment when circumstances warrant. Payors who proactively engage with MEP and demonstrate good faith efforts to comply typically face less aggressive enforcement than those who ignore their obligations entirely.
Inter-Provincial Enforcement Challenges
One of the most significant challenges facing PEI's child support enforcement system is collecting from payors who have moved to other provinces or territories. With roughly 35% of outstanding arrears ($4.2 million of the $12 million total) owed by payors living outside PEI, inter-provincial cooperation is essential for effective enforcement.
How Inter-Provincial Enforcement Works
PEI's MEP can work with maintenance enforcement programs in other provinces through the Inter-jurisdictional Support Orders (ISO) process. Each province and territory has a designated authority responsible for receiving and processing support enforcement requests from other jurisdictions. However, enforcement across provincial boundaries often takes longer and may be less effective than local enforcement due to jurisdictional complexities.
Federal Assistance for Cross-Border Cases
The Family Orders and Agreements Enforcement Assistance Act (FOAEAA) provides federal mechanisms that apply regardless of which province the payor resides in, including income tax intercepts, passport denial, and federal wage garnishment. These federal tools are particularly valuable when provincial enforcement mechanisms cannot reach payors who have relocated.