The Maintenance Enforcement Program (MEP) has the power to enforce court-ordered child support, spousal support, and partner support, and collect payments from delinquent payors in Alberta.
Sometimes, payors fail to meet their payment obligations. If the financial support has been ordered by the court or a maintenance agreement has been filed with the court, the program has the power to take up the case on behalf of the recipient.
Although this relieves the recipient of the burden of following up with an uncooperative ex-spouse, approaching the MEP can be challenging for some.
In this article, we look at the eligibility criteria and how recipients of support should go about an application to the MEP, as well as how payors who are struggling to meet their financial obligations can seek assistance from the program.
Am I eligible for help from the Maintenance Enforcement Program (MEP) in Alberta?
To register for assistance from the MEP, the following three requirements must be met:
- You or the other party must reside in Alberta.
- You must either be a payor or a recipient of partner support, child support, or spousal support.
- A court order for support or a maintenance order/maintenance agreement must be filed with the court.
If you meet these requirements and register with the MEP, the program can work to collect missing support on your behalf.
How does the MEP work in Alberta?
Navigating the MEP processes involves understanding and completing a series of steps, which can be challenging without legal assistance. Court orders may need to be filed or changed, which is best handled by a qualified family lawyer.
The MEP itself cannot provide legal representation or advice.
After the MEP process for obtaining missing support is initiated, you will need to fulfill the following obligations:
- Provide information that can assist in prompt payments from the payor of support.
- Respond promptly to any changes in the court order(s).
- Inform the MEP of any changes to name, address, phone number, banking information, etc. that may affect financial support deposits.
- Inform the MEP of any changes in the child’s status (if applicable).
- Inform the MEP of any payments you receive from your former spouse.
If payments are not made, the MEP can enforce the debt by:
- Demanding to see the financial statements of the payor.
- Transferring money from salary or bank accounts (garnishment).
- Suspending the payor’s driver’s licence.
- Asking the court to send the payor to jail (as a last resort).
The payor of support must also meet a series of obligations:
- Make timely payments to the MEP, as prescribed by the court order(s).
- Inform the MEP of any payment problems or late payments before the due date.
- Inform the MEP of any changes to personal information, such as address, phone number, employment, or banking information.
- Inform the MEP of any changes in the child’s status (if applicable).
The MEP in Alberta is mainly known for collecting missing support payments on behalf of recipients. However, another of its roles is to assist payors of support who fulfill their obligations and have hit financial obstacles in paying support.
What is a ‘stay’ of support enforcement?
The Alberta courts issue orders according to the relevant factors at the time. Courts seek fair support arrangements that do not cause hardship for any party involved.
However, life moves on, and substantial changes to circumstances often occur. In these cases, a support order that was fair at the time it was made can start to create financial hardship for one or both partners.
For the payor of support, the financial obligations can become onerous and cause missed payments or real issues with meeting the obligations.
If MEP actions risk making the situation worse, the payor can apply for a ‘stay’ of support enforcement up to nine months in Alberta. This application is typically made through the Alberta Court of King’s Bench and will temporarily suspend the actions of the MEP in their efforts to enforce the support order.
How do you apply for a ‘stay’ of MEP enforcement?
Payors can only apply for a ‘stay’ in certain limited circumstances. The stay is not automatically granted and, typically, is only justified if one or more of the following apply:
- The payor has filed a valid appeal with the court concerning the support order.
- The financial position of the payor changes substantially, which cancels arrears or modifies an order (leading to a stay of enforcement until the matter is settled).
- The payor is incarcerated and unable to earn income.
- The division of the marital estate in a divorce is yet to be settled.
- The validity of a financial support order created outside of Alberta is questioned.
- The payor is adversely impacted by delays and a subsequent, sudden enforcement of an order.
Before applying to the court, the payor must have attempted to enter a payment arrangement with the MEP and have valid grounds for being unable to pay the arrears or ongoing financial support.
Payors cannot simply stop paying because they consider the order ‘unfair’.
Can the MEP take my Alberta driver’s licence for unpaid child or spousal support?
One of the enforcement methods potentially used by the MEP in Alberta is to have the payor’s driver’s licence suspended for unpaid child or spousal support.
If the payor later obtains a stay of enforcement, the reinstatement of the licence is not automatic. This enforcement measure can severely impact payors who work in trades, transportation, or in remote communities.
Can I challenge a court order with the MEP in Alberta?
The Maintenance Enforcement Program enforces court orders. It does not change them.
If a substantial change in circumstances prevents you from making the necessary payments, such as a job loss, significant drop in income, or illness, you must request a ‘variation’ or modification to the support order from the court.
Otherwise, even if your financial circumstances make the original order ‘unfair’, the MEP will continue enforcing it unless you apply for a ‘stay’ of enforcement (as described above).
Alberta Maintenance Enforcement Program Forms
Recipient of Support (Creditor)
CHANGE ENFORCEABLE PAYMENT DUE DATE
Used by the creditor to ask the Maintenance Enforcement Program (MEP) to accept the debtor’s payments on a date later than the due date set out in the court order.
CHILD STATUS REPORT
This form provides information to MEP about a child’s status to confirm their eligibility for maintenance.
CHILD STATUS REPORT – INSTRUCTIONS
These instructions will help you complete the Child Status Report form.
CLIENT AUTHORIZATION OF THIRD PARTY
This form is used by a client to authorize another person to receive information about their MEP file.
CREDITOR DIRECT DEPOSIT
This form gives MEP permission to deposit funds directly into a creditor’s bank account. Please attach with this form a copy of a void cheque OR bank account information from the bank/financial institution with a bank stamp.
Payor of Support (Debtor)
AFFIDAVIT OF ARREARS FOR DEBTORS
This form is used to claim arrears and is required if you wish to register with Maintenance Enforcement Program (MEP) and have missed payments in the past.
AUTHORIZED BANK WITHDRAWAL
This form is used to have payments directly withdrawn from a debtor’s bank account. MEP will not process requests to withdraw funds from a bank account that is not in the debtor’s name. Please attach with this form a copy of a personalized void cheque OR bank account information from the bank/financial institution with a bank stamp.
CALCULATION OF ARREARS WORKSHEET
This form is used to break down individual payments, made or missed, by a debtor. This is required if you wish to register as a debtor with the MEP).
Get help as a payor or recipient of support in Calgary
Whether you pay or receive support, considerable legal obligations apply to you.
The Maintenance Enforcement Program can assist any party involved in a support order or agreement filed with the court in Calgary. In most cases, the recipient registers for help and may need legal assistance in doing so.
However, if you are a payor in need of a ‘stay’ of enforcement, this may also require legal assistance.
If you live in the Calgary area and need assistance with a family law matter, the experienced lawyers at Jennings Family Law can help you. Call (403) 316-0138 to request a confidential consultation, contact us directly online, or email Warren Jennings directly at warren@jenningsfamilylaw.com.
