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What Is the Maintenance Enforcement Program?
Family Law
What Is the Maintenance Enforcement Program?
15 min read
How Does MEP Work in Alberta?
Introduction
The Maintenance Enforcement Program (MEP) is Alberta’s program for collecting and enforcing court-ordered child support, spousal support and partner support.
Once a support file is registered, MEP collects payments from the person required to pay support, the payor, and forwards those payments to the person entitled to receive support, the recipient.
MEP can take enforcement action when required if support is not paid as ordered. However, MEP does not decide how much child support should be paid, make parenting decisions, or provide legal advice. Its role is to enforce an existing maintenance obligation.
For families dealing with child support, MEP can provide an important layer of structure and enforcement between the parents.
How Does MEP Work?
The process generally looks like this:
A child support order or eligible support agreement is made.
The order or agreement is registered with MEP.
MEP opens a file and provides a seven-digit file number.
The payor makes support payments through MEP.
MEP records the payments and forwards them to the recipient.
If payments are missed, MEP may take collection or enforcement action.
If the support amount needs to change, the parties generally need a new or varied order rather than asking MEP to change the amount itself.
Either the payor or recipient can register with MEP. Only one party needs to register for the file to be opened.
What Can MEP Enforce?
MEP can enforce certain maintenance orders and eligible agreements that establish a clear amount of support payable.
In Alberta, an eligible file generally requires that either the payor or recipient lives in Alberta and that there is an enforceable maintenance order or qualifying maintenance agreement.
MEP may enforce:
Alberta support orders;
certain Canadian and foreign support orders;
eligible Maintenance Enforcement Support Agreements;
certain support agreements filed with the court; and
eligible child support recalculation decisions.
The wording of the order matters.
MEP can only enforce terms that are clear, legal and workable. If a court order is unclear or does not specify the amount, payment dates or other necessary terms, MEP may not be able to enforce it as intended.
This is one reason it is important to have child support terms drafted carefully when obtaining a court order.
Can MEP Enforce a Separation Agreement?
Not necessarily.
A separation agreement on its own is generally not enough for MEP to enforce the support terms. Alberta's current eligibility information explains that MEP cannot enforce documents such as a separation agreement, minutes of settlement or reasons for judgment unless the necessary support terms have been incorporated into an enforceable order or qualifying agreement.
If the parties want MEP enforcement, the support obligation needs to be in a form that MEP can enforce.
How Do You Register With MEP?
Either the payor or recipient can register the support obligation with MEP.
The registration process generally requires the appropriate support order or agreement and information needed to establish the file.
Alberta currently allows eligible parties to register online through the MEP registration process. Registration can also be completed by submitting the required forms by mail.
There is no fee to register with MEP for the first time. A $205 re-registration fee may apply in certain circumstances, such as where a previous MEP registration was withdrawn or a file was closed because of non-compliance with program requirements.
After the application is processed, MEP notifies the other party and provides a seven-digit MEP file number.
How Are MEP Payments Made?
Once a file is registered, the payor generally makes support payments through MEP rather than paying the recipient directly.
MEP can receive payments through different methods, including authorized withdrawals and payroll deductions. Payments collected by MEP are then forwarded to the recipient, typically by direct deposit.
This creates an official payment record, which can be particularly important when the parties disagree about whether support has been paid.
What If the Payor Pays the Recipient Directly?
Once a file is registered, direct payments can create problems.
MEP's records may not reflect a payment that was made privately between the parties. Alberta advises that recipients should not accept direct support payments from the payor after registration. If a direct payment is received, it should be reported to MEP.
For payors, making payments directly can also result in MEP's records showing an outstanding amount even though money was actually transferred to the recipient. This can potentially lead to unnecessary collection activity, penalties or interest.
If a payment is made directly for a legitimate reason, it is important to keep proof of the payment and report it to MEP promptly.
What Happens If Child Support Is Not Paid?
If the payor does not make the required payments, the unpaid amounts can become arrears.
MEP has a range of collection and enforcement tools available to recover overdue support.
Depending on the circumstances, MEP may:
garnish wages;
garnish bank accounts or other funds;
intercept certain federal payments, including tax refunds;
register against real property;
file a writ against personal property;
restrict motor vehicle services;
suspend a driver's license;
restrict recreational hunting or fishing licenses;
report the debt to a credit bureau;
deny or cancel certain federal licenses, including passports; or
require the payor to attend a financial examination or court default hearing.
MEP decides which collection measures are appropriate under its legislation, policies and the circumstances of the file.
Can MEP Garnish Wages?
Yes.
Wage garnishment is one of the tools MEP can use to collect support.
MEP may issue a Support Deduction Notice to an employer requiring support payments to be deducted from the payor's income and remitted to MEP.
MEP may also garnish funds from other sources in appropriate circumstances.
Employers have obligations when they receive a Support Deduction Notice, and failure to comply can have legal consequences.
Can MEP Suspend a Driver's License?
Yes, in appropriate circumstances.
When support payments are overdue and there is no satisfactory payment arrangement, MEP may seek suspension of the payor's driver's license.
The process includes notice to the payor and an opportunity to respond. Alberta's current guidance states that a warning letter is sent before the license suspension process proceeds.
A driver's license suspension is not the first step in every MEP file, and the specific circumstances of the file matter.
Can MEP Take Away a Passport?
MEP can use federal license denial as an enforcement tool in appropriate cases.
This can include certain federal licenses such as passports. MEP's current information identifies federal license denial as one of its available collection tools when support is in arrears.
If a payor is facing significant enforcement action, it may be appropriate to seek legal advice about the arrears, the underlying support obligation and whether a payment arrangement or court application is required.
Can MEP Change the Amount of Child Support?
No.
MEP generally enforces the amount contained in the enforceable order or agreement. It does not have authority to simply change the amount because a parent's income has increased or decreased.
If the amount of child support needs to change, the appropriate process is generally to obtain a new or varied court order, or use an applicable recalculation process where the order is eligible.
Alberta specifically notes that MEP cannot change the amount payable. Parties who need to change their support amount may need to contact a lawyer or Court and Justice Services about the appropriate court process.
This distinction is important.
MEP enforces child support. It does not decide child support.
What Is the Difference Between MEP and the Child Support Recalculation Program?
MEP and Alberta's Child Support Recalculation Program serve different purposes.
MEP is primarily responsible for collecting and enforcing an existing support obligation.
The Child Support Recalculation Program can adjust eligible child support amounts on an ongoing basis based on updated income information.
For example, if a payor's income changes, the Recalculation Program may be able to recalculate an eligible child support order. MEP can then enforce the resulting amount once the recalculated order or decision is enforceable.
The Alberta government specifically recommends considering the Recalculation Program where appropriate to keep child support levels aligned with changes in income.
MEP therefore should not be confused with a program that automatically recalculates support every year.
What Happens If the Payor's Income Changes?
A change in income does not automatically change the child support amount being enforced by MEP.
For example, suppose a parent is ordered to pay $1,000 per month and later loses their job.
The parent cannot simply stop paying the $1,000 because their income has decreased.
Unless the order is changed or another legally effective process applies, the existing obligation generally continues. Unpaid amounts can accumulate as arrears and may be enforced by MEP.
The payor should address the change in circumstances promptly rather than waiting for arrears to accumulate.
What Happens If the Payor Cannot Afford the Payments?
A payor who is experiencing genuine financial difficulty should communicate with MEP about the situation and obtain legal advice if the underlying support order needs to be changed.
MEP may work with a payor on a payment arrangement in appropriate circumstances. However, a payment arrangement does not automatically erase the existing support obligation or eliminate arrears.
In some circumstances, a payor may need to apply to court for a variation of support or a stay of enforcement.
Alberta explains that a payor seeking a court-ordered stay of enforcement of arrears generally must show that they attempted to make a suitable payment arrangement with MEP and explain why a payment arrangement was not made. Unless the court orders otherwise, a stay of enforcement of arrears does not normally stop enforcement of ongoing support.
What If the Recipient Does Not Receive a Payment?
If a payment expected from MEP does not arrive, the recipient should review their MEP account and contact MEP.
MEP Accounts Online allows clients to view their file status, update information and contact their Case Officer.
A recipient should also ensure that MEP has accurate banking and contact information.
If the payor claims that they made a payment but MEP does not show it, documentation can become important. Bank records, payment confirmations and correspondence may help establish what happened.
What Are the Recipient's Responsibilities?
Being registered with MEP does not mean the recipient has no responsibilities.
According to Alberta, recipients are expected to:
provide information that may help MEP collect payments;
respond to changes in the court order;
keep their name, address, telephone and banking information current;
advise MEP of changes in the child's status; and
report direct payments received from the payor.
The recipient should also keep copies of important documents and communications relating to support.
What Are the Payor's Responsibilities?
A payor registered with MEP must comply with the support obligation and keep MEP informed about relevant changes.
This includes:
making payments through MEP on time;
advising MEP about anticipated payment problems;
updating address and contact information;
updating employment information;
updating banking information; and
reporting relevant changes in the child's status.
A payor should not assume that MEP will automatically know about a job loss, change of employer, address change or other significant development.
What If One Parent Moves Outside Alberta?
MEP can sometimes continue to facilitate enforcement when one party lives outside Alberta.
Alberta has reciprocal enforcement arrangements with other jurisdictions. If a payor lives outside Alberta, MEP may work with the enforcement program in that jurisdiction to monitor and enforce the Alberta support order.
Similarly, an out-of-province support order may be registered in Alberta in appropriate circumstances.
Moving to another province does not necessarily mean that a payor can avoid an existing support obligation.
What About Section 7 Expenses?
MEP may enforce certain Section 7 or special and extraordinary expenses, but the wording of the order or agreement matters.
For example, an order that clearly identifies the expenses to be shared and each party's proportionate responsibility may be enforceable through MEP.
However, MEP may not be able to enforce a vague provision requiring a parent to pay a percentage of unspecified "Section 7 expenses."
Alberta's current guidance emphasizes that the order or agreement should clearly identify the expenses that are subject to enforcement.
If parents disagree about whether an expense qualifies, they may need to resolve the issue outside of MEP or obtain clarification from the court.
Practical Examples
Example 1: The Payor Stops Paying
A parent is ordered to pay $1,200 per month in child support and the order is registered with MEP.
The parent stops making payments for several months.
MEP can record the unpaid amounts as arrears and may take enforcement action, which could include wage garnishment, bank garnishment, license restrictions or other collection measures.
Example 2: The Payor Loses Their Job
A parent loses their employment and can no longer afford the existing support amount.
They should not simply stop paying.
The parent should notify MEP about the anticipated payment problem and obtain legal advice about whether the support order should be varied. Until the obligation is legally changed, the existing order may continue to be enforced.
Example 3: The Recipient Receives a Direct Payment
A payor gives the recipient $1,000 directly instead of paying MEP.
The recipient should report the payment to MEP.
If MEP does not know about the payment, its records may continue to show an outstanding balance, potentially resulting in enforcement activity based on an inaccurate account.
Example 4: The Parents Want to Change Support
A payor's income increases substantially and the parties believe the existing child support amount is no longer accurate.
MEP cannot simply increase the payment because the income changed.
The parties may need to use an eligible recalculation process or obtain a new court order.
Once the new amount is legally enforceable, MEP can enforce it.
Common Mistakes to Avoid
1. Paying the Recipient Directly After Registering With MEP
Direct payments can cause discrepancies in MEP's records.
Payments should generally be made through MEP once the file is registered.
2. Assuming MEP Can Change the Support Amount
MEP is an enforcement program, not a court.
If the amount needs to change, the appropriate variation or recalculation process should be followed.
3. Ignoring MEP Notices
Ignoring correspondence from MEP can allow enforcement measures to escalate.
If you disagree with an amount or believe the MEP account is inaccurate, address the issue promptly.
4. Failing to Update MEP
Both parties have responsibilities to keep MEP informed of relevant changes.
Outdated contact, employment or banking information can create unnecessary problems.
5. Assuming a Job Loss Automatically Stops Child Support
It does not.
A payor should obtain advice about changing the support order rather than simply stopping payments.
6. Using MEP to Resolve Parenting Disputes
MEP enforces support obligations. It does not determine parenting time, custody or other family-law disputes.
A parent generally cannot stop paying child support simply because the other parent has allegedly breached a parenting arrangement.
7. Assuming MEP Can Enforce Every Part of an Agreement
MEP's authority depends on the legal document and its wording.
Support provisions should be drafted clearly so that they can be enforced when necessary.
How Long Does MEP Take to Enforce Child Support?
There is no single timeline for every MEP file.
The timing of enforcement can depend on the type of collection action, the information available to MEP, whether the payor has employment or identifiable assets, whether the payor responds to MEP, and whether additional court proceedings are required.
Some collection methods can operate relatively quickly once the necessary information is available. Other enforcement measures may take longer.
MEP clients can monitor their files through MEP Accounts Online and contact their assigned Case Officer regarding specific collection actions.
How Much Does MEP Cost?
There is no fee to register with MEP for the first time.
A re-registration fee may apply in certain circumstances, including where a previous registration was withdrawn or a file was closed for non-compliance with program requirements. Alberta currently lists the re-registration fee as $205.
Legal fees are separate from MEP fees. If a parent needs to vary a support order, dispute arrears, respond to enforcement or bring another court application, legal costs may apply.
What If You Disagree With MEP?
MEP administers and enforces support obligations under its legislation and policies, but it does not replace the court.
If the underlying support order is incorrect, circumstances have changed, arrears are disputed, or a legal issue needs to be resolved, the appropriate court process may be necessary.
For example, if a payor believes the support amount should be reduced because of a material change in circumstances, they may need to apply to vary the order.
Similarly, if there is a dispute about whether arrears are actually owing, documentation and potentially a court application may be required.
MEP cannot simply rewrite the terms of a court order because one party disagrees with it.
When Should You Speak With a Family Lawyer?
It may be helpful to speak with a family lawyer if:
you have significant child support arrears;
MEP has started enforcement action against you;
your driver's license or passport is at risk;
you believe MEP's records are incorrect;
you made direct payments that have not been credited;
your income has substantially increased or decreased;
you need to vary an existing child support order;
you are disputing whether support is still payable;
you need to determine whether an agreement or order is enforceable through MEP; or
you are dealing with a cross-provincial or international enforcement issue.
Early legal advice can help identify whether the problem is with enforcement, the amount of support, the underlying court order, or some combination of these issues.
How Bridgestone Law Can Help
The Maintenance Enforcement Program can be an effective tool for collecting child support, but MEP cannot provide legal advice, change court orders or resolve every dispute between parents.
If you are dealing with MEP enforcement, child support arrears, a disputed payment history, a change in income or a need to vary your child support order, a family lawyer can help you understand your options.
At Bridgestone Law, our family lawyers assist clients with child support matters throughout Calgary and Alberta, including support orders, variations, arrears and enforcement-related issues.
If you are unsure whether your situation requires dealing with MEP, the court or both, obtaining legal advice can help you determine the appropriate next step.
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