The Maintenance Enforcement Program (MEP) helps families by collecting child and spousal support ordered by the court. The Maintenance Enforcement Act allows MEP to enforce certain support agreements such as the Maintenance Enforcement Support Agreement.
A Maintenance Enforcement Support Agreement is an agreement made using a particular form set out in the Maintenance Enforcement Regulation. As long as parties use this form and do not add to it, MEP can enforce the Agreement like it was a court order.
Who can use a Maintenance Enforcement Support Agreement?
The Maintenance Enforcement Support Agreement can be used by two people wishing to make an enforceable support agreement for a child, spouse or adult interdependent partner IF:
- the parties do not already have a court order between them for this type of support. A Maintenance Enforcement Support Agreement cannot change a court order.
For example, if Pat and Sharon already have a court order for maintenance for their son, Andrew, they cannot use the Agreement to increase Andrew’s support. They could, however, use a Maintenance Enforcement Support Agreement to agree Pat will pay spousal support to Sharon.
- the parties have not already signed an agreement for this type of maintenance under the Parentage and Maintenance Act, Income Support Recovery Act or Income and Employment Supports Act. These kinds of agreements are usually signed with the help of a social worker from Alberta Employment and Immigration.
What do I need to do so MEP can enforce my Maintenance Enforcement Support Agreement?
To have MEP enforce your Maintenance Enforcement Support Agreement, you will need to:
- Fill out and sign the Agreement: Both parties must properly complete and sign the Agreement in front of a witness. The witness must then swear or affirm a statement (called an Affidavit of Execution) before a Commissioner for Oaths as proof they saw each party sign the Agreement.
Although it is recommended parties obtain legal advice before making any maintenance agreements, it is not necessary to have a lawyer to complete a Maintenance Enforcement Support Agreement.
- Register with MEP: Only one party (either the Recipient or the Payor in the Agreement) will need to complete a registration package to open an account with MEP. Registration packages can be obtained through MEP’s website (registration package for creditors; registration package for debtors) or at any courthouse. Along with a completed registration package, you need to provide MEP with one original signed copy of your Maintenance Enforcement Support Agreement.
When MEP receives your registration package and original Agreement, staff will file the Agreement in the Court of Queen’s Bench in Edmonton and then open a MEP file for you. MEP can then begin to collect support due under the Agreement. Both parties will get a letter and phone call to let them know their file has been opened.
An instruction package for the Maintenance Enforcement Support Agreement has been prepared to offer more detailed information on completing the Agreement.
Where can I get the Maintenance Enforcement Support Agreement form and instructions?
The Maintenance Enforcement Support Agreement form and detailed instructions on how to complete it are available at:
* dial 310-0000 for toll-free access anywhere in Alberta