It is the debtor's responsibility to make payments on time according to the terms of the court order. If this is not possible, the debtor must seek a variation of the court order. Whatever payment method the debtor chooses, the debtor should make sure payments are made early enough that they are received by the Maintenance Enforcement Program (MEP) on or before their due date. A penalty of $25 per month for late payments and interest will be applied.

The debtor must contact MEP to discuss any anticipated problems such as late payments. Changes of address, phone numbers or employment must be reported to MEP, as well as any changes in child status that the debtor believes may affect the child's eligibility for support.

The debtor is notified by mail once a creditor completes registration with MEP. The debtor should immediately cease making any maintenance payments directly to the creditor and begin making ALL payments through the Maintenance Enforcement Program by pre-arranged payments from the debtor's paycheque or bank account, or by telephone or Internet banking.

If the debtor does not begin payments or contact MEP, collection action begins.

Debtors can also choose to register with MEP. Registration allows MEP to act as a financial intermediary (go-between) between the creditor and the debtor to ensure that all payments made are recorded.

All files registered with MEP are monitored for their payment history. Over the years, MEP has noted that there are individuals who consistently fulfill their support obligations as directed by their order. For these individuals, MEP has created a "good payor status" that recognizes those files that have a history of successful payment arrangements.

Debtors must ensure that their payments arrive at MEP on or before their due date. Default penalties for late payments were introduced effective December 1, 2005. Whatever form of payment the debtor chooses, it is important to ensure that the debtor allows enough time for the payment to be received by MEP on or before the due date.

With the use of pre-arranged payments from the debtor's paycheque or bank, the debtor need not worry about forgetting to make payments or having payments arrive late due to mail delays. All payment methods have processing periods and the debtor is responsible for making payments early to allow for processing times. Debtors paying by deduction from their paycheques should contact MEP to make an arrangement that will avoid late penalties and interest.

It is in the debtor's best interest to contact MEP if they anticipate any problems that will result in late payments. Failure to do so can result in collection action, penalties and interest.

In order to streamline MEP processes, improve efficiency and reduce costs, clients who make their maintenance payments by cheque or pre-authorized withdrawal from their bank account are allowed only one returned item. If a second returned item is received, clients may no longer be permitted to use this payment method, and enforcement action may be placed on the file.

Each item that is returned will result in a $50 charge to debtors, including the first returned payment.

Once a file is registered with MEP, the debtor should not make any payments directly to the creditor. Paying the creditor directly could result in the debtor paying late penalties and paying twice for the same time period. All payments should be made through MEP. If the debtor has made payments directly to the creditor after the court order or agreement has been registered, the debtor needs to advise MEP immediately and present proof, such as original cancelled cheques or photocopies of the front and back of cancelled cheques, original receipts or the creditor’s acknowledgement of payment left in the creditor’s secure mailbox through the MEP Info Line. Unless the creditor acknowledges that the payments were received and paid as maintenance, the amounts may not be credited. It is therefore in the best interests of the debtor to make all payments to MEP to ensure that they can be properly credited to the account.

When a creditor receives Income Support, the Alberta government (Crown) has the right to the maintenance owing under a court order or enforceable maintenance agreement. The debtor is still required to make payments to MEP, and MEP then forwards the payments to the Crown. If the creditor closes the account when there is still money owing to the government for the period of time that the creditor received Income Support, this money remains due and payable to the Crown. Collection efforts to recover this money from the debtor will continue.

It is the debtor's responsibility to provide MEP with any changes to the debtor's own situation, such as a change of address or phone numbers, new employment or bank account, etc., so MEP can maintain accurate and up-to-date information on the account.

The debtor should also advise MEP of any changes with respect to the child's status that could affect court-ordered payments (e.g. child no longer residing with the creditor, child is age 18 and no longer in school, etc.). MEP will investigate and advise the debtor whether MEP will still collect for that child.

To avoid collection action, late penalties and interest, it is important that debtors select a payment method that ensures payments are received by MEP on or before the court-ordered due date. The effective date of payment for all payment methods is the date the payment is received by MEP, not the date it is sent to MEP.

Payments to MEP are best made by deductions from the debtor's paycheques or pre-authorized withdrawal from the debtor’s bank account. The Debtor Payment Form allows the debtor to choose either of these options. It is included with the mail-out of the introductory letter to the debtor, or can be accessed through this site or by request from MEP. It is also possible for debtors to make payments by internet or telephone banking, which can be set up by the debtor's bank. Debtors should be aware that it can take several days for internet or telephone banking payments to be received by MEP.

If paying by pre-arranged deduction from paycheques or withdrawal from a bank account, the debtor must be sure to advise MEP of any changes in employment or changes to the bank account (such as a new account, or banking at a different branch or bank).

Where the debtor resides outside of Canada in a locale where a pre-authorized payment plan cannot be established, other payment options are available.

It is the debtor’s responsibility to make payments according to the terms of the court order or enforceable maintenance agreement. If this is not possible (for example, due to loss of job or illness), the debtor may wish to obtain a variation of the order or agreement. MEP does not have the authority to vary an order or agreement. However, MEP should be informed of these circumstances to avoid stringent collection action.

MEP has developed standard collection guidelines to ensure that all clients are treated in a fair and impartial manner. These standards establish timelines for the placement of enforcement action once an account is in default.

Upon registration, debtors are asked to bring their account into good standing or make payment arrangements within 30 days. If this is not done, staff may take action to collect the overdue payments. The longer an account is in default, the more serious the consequences of the collection action.

Payments are due on the date specified for payment in the court order or agreement. All payments should be made on the due date so funds can be passed on to the debtor's family in a timely manner. If payments are not made on time, late penalties and interest will be charged and collection action will begin. Maintenance orders may be registered at the Personal Property Registry and at Land Titles. Federal, wage and non-wage support deduction notices or a motor vehicle restriction may also be placed.

If an account remains in default, staff may cancel clients' driver's licences and report their arrears to the credit bureau. Federal licences may also be witheld and accounts could be assessed to determine if a financial examination or a default hearing should be scheduled.

For additional information please refer to the MEP info sheets List of Collection Actions, Deterrent Penalties and Service Fees, and Payment Arrangements for Arrears.

In Alberta, child access (parenting time) and maintenance are treated as separate issues. The courts generally do not consider it acceptable for a debtor to cease payment of support because of outstanding parenting time (access) issues. MEP is required to continue to collect. Likewise, court ordered parenting time should not be denied due to failure to pay maintenance.

If you are experiencing difficulty in accessing your children, please see MEP's info sheet Access Enforcement.

MEP has the authority to use a number of methods of enforcement when a debtor fails to make satisfactory payment arrangements. Some of most commonly used actions are the following:

Federal support deduction notice

A support deduction notice is placed with the federal government redirecting to MEP payments that become due to the debtor from federal sources, such as G.S.T. rebates, income tax refunds, Canada Pension Plan and Employment Insurance payments. The federal government charges the debtor an administrative fee for all federal garnishees. This fee is paid from the first monies captured by the support deduction notice.

Wage support deduction notice

A support deduction notice is placed with the debtor’s employer requesting a portion of the debtor’s salary to fulfill support obligations. All employers are required by law to fill in the necessary forms and comply. It is against the law for any employer to fire or lay off a debtor due to the placement of a wage support deduction notice.

Non-wage (bank) support deduction notice

A support deduction notice can be placed with a debtor’s financial institution(s) to attach monies contained in bank accounts (including a portion of monies held in a joint bank account). MEP has the authority to intercept financial assets such as Worker’s Compensation benefit payments, pension plan pay-outs and motor vehicle accident claims.

Motor vehicle restrictions/licence cancellations

MEP can restrict the issuance of driver's licences, vehicle plates, registrations and abstracts in Alberta. MEP can also cancel current drivers’ licences in some cases.

Registrations at the Land Titles and Personal Property Registries

A maintenance order can be registered against personal property, such as motor vehicles. MEP can also register a maintenance order against land owned by the debtor. These registrations can be used as securing actions even when there are no arrears.

Alberta has reciprocal enforcement agreements with all Canadian provinces and territories, the United States and numerous other foreign jurisdictions. Under these agreements, maintenance enforcement agencies in other jurisdictions can collect funds on behalf of the Alberta Maintenance Enforcement Program for creditors who live in Alberta. The Interjurisdictional Support Orders (ISO) Act also authorizes Alberta's MEP to collect funds from debtors who live in Alberta on behalf of other jurisdictions.

MEP handles over 48,000 active files and receives thousands of client inquiries each day. To help our clients understand how we operate, we have established the following new service delivery targets.

MEP staff will strive to address priority requests within 14 calendar days. Priority items include the following:

MEP staff will strive to address other items, such as responding to general correspondence from debtors and creditors, within 30 calendar days.

In some cases, it may not be possible for us to meet the target dates. It is hoped that the service delivery targets will help MEP clients better understand how their files are handled, to plan the timely flow of information and requests to us and to determine when it is appropriate to make a follow-up inquiry.

Although Debtor Yearly File Summary Statements (formerly year-end statements) are not automatically sent to debtors, they will be mailed out on request. Statements may be ordered by debtors at any time, 24 hours a day, through the Internet at MEP Accounts Online or through the MEP Info Line at 780-422-5555 (dial 310-0000 for toll-free access anywhere in Alberta) and following the voice prompts.

Please note that not all of the amounts paid to MEP by debtors can be claimed as an income tax deduction. The amounts listed on MEP's Yearly File Summary Statement do not include any funds paid directly between parties, including the creditor. It does however include funds paid by the debtor and applied to service fees, penalties and interest.

The Maintenance Enforcement Regulation allows maintenance agreements to be registered with MEP. The regulation requires that parties use a specific form, the Maintenance Enforcement Support Agreement, so that the terms of the agreements are clear and enforceable by MEP. The Maintenance Enforcement Support Agreement is also the form of agreement used under the Family Law Act.

In the links below, you will find detailed instructions on how to make a maintenance agreement and register it with MEP, the form of agreement to be used and other relevant documents.

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