Can a garnishee order be made at source?
Alberta, Canada
The following excerpt is from M.L.H. v. D.W.H., 2003 ABQB 669 (CanLII):
There is a clear value, if not necessity, in making an “at source" garnishee order in this case. The support debtor is in arrears of support that he agreed to pay. The support creditor has a legitimate concern that if support is not deducted at source, she will have to undertake expensive and lengthy enforcement procedures to try and get the money she is owed. It is important that money attributable to everyday living be available to meet the demands of everyday living - Long v. Long, supra at paragraph 12.
Superior jurisdiction courts have the power to issue orders to “secure and pay” spousal and child support. Ordering that deduction should be made at source is certainly one way of assuring payment of support Orders - Long v. Long, at para. 21.
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