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A commentary on Alberta's Maintenance Enforcement Program

On Friday, November 20, 2009 the Executive Director of the Alberta Maintenance Enforcement Program, Manuel da Costa, was interviewed on the Calgary Eyeopener

The interview was preceded by an unfortunate woman who was having difficulty collecting child support from the father of her child.  She had lost her apartment and had to move back with her parents.  The father was, in her story, doing drugs and avoiding his role as parent to the child.  It's a disturbing story, a compelling story, and not at all unrealistic to be exactly as she portrayed. 

The interview itself was framed around the $2.5 billion dollars owed to parents in arrears.  The interview may be available from the Eyeopener website, available only in Real Audio format.  I make no promises if it will be available or for how long. 

I was angry.  Even before the interview I started firing off tweets of complaint on twitter to @eyeopenerbob. 

@eyeopenerbob Hold up! I'm a "beat dead" dad. I'm living in poverty paying child support for my kids. I have reported MEP for abusing me 
@eyeopenerbob There is endless frustration dealing with a mindless, heartless bureaucracy that hides behind cherry picked stats and no... 
@eyeopenerbob no responsibility for their own abuse or the abysmal way they treat parents - BOTH parents. 
@eyeopenerbob They do not live up to their own code of conduct. I want fairness and balance. I expect none. 
@eyeopenerbob Please, PLEASE stop using the term "deadbeat" parents. It's a huge black brush tarring everyone with a strawman argument. 
@eyeopenerbob There is an entire department in place to enforce the financial half of the court order. Where is enforcement of the rest? 
@eyeopenerbob How about the way MEP throws out penalties for late payments? I'm struggling enough. Penalties just add to my burden. 

At this point, the interview started.  Some of these tweets are direct rebuttals at Mr. da Costa's comments. 

@eyeopenerbob How about the equity behind the statistics? How valid are they? You cross the line, you get tarred and there is hell to pay 
@eyeopenerbob "No matter how much pressure we put on them." The first thing that happens is they take your license. 
@eyeopenerbob They have a single big hammer and slam it down relentlessly. 
@eyeopenerbob They go after anything and everything. If you don't fit into their preset pattern, they assume you're a "deadbeat." 
@eyeopenerbob NONSENSE! I talk to them and I get abused on the phone or told, "You have to meet your resonsibility." 
@eyeopenerbob Payment arrangement? Pay now, pay by direct withdrawal, or we're going after you HARD. 
@eyeopenerbob Money is enforced. The rest of the court order does not matter. I don't have the money to cause enforcement. 
AWGH. Odds of me getting back to sleep after THAT interview are nil. Might as well get on with the day. 

It was not an easy interview to listen to.  Mr. da Costa sounds very suave and makes the situation seem unfathomable that anyone could possibly be in arrears without willfully cheating the system or lying to the Collections Officer.  I know very well the situation on the ground is very different and the treatment I have received from MEP most definitely does not meet their mission statement or their values statement.

I have personally run across Mr. da Costa previously.  When I complained about exceptionally poor treatment I received at the hands of the Maintenance Enforcement Program's Collection Officers, the end result was that my concerns were brushed away and the 'apology' I received from Mr. da Costa was, "We're sorry that you feel that way."  It is, without doubt, the least sincere non-apology I have ever received in my life.

So when I heard him in an interview talk about how fair they were to debtors and how easy it was to set up payment arrangements with the department I was very upset and cynical.

Happily, I received the message, "Thanks for the note.  Could one of our show producers call you for your side of this story?"  Absolutely, yes.

My story is long and complicated, like pretty much every single other divorce story out there.  It's filled with two villains and two heroes (both the same people, by the way) and is virtually impossible to fit into a ten minute description.  My encounter with MEP runs just about as long as my separation and is every bit as complicated.  After trying to explain as much as possible, the producer asked if I would consider writing a commentary in response to Mr. da Costa.  The script I wrote follows the clip.

This isn't about paying Child Support, this isn't about my divorce, this is about the horribly shoddy treatment meted out by the Alberta Maintenance Enforcement Program - to both parents.  They've done a terrible job as an organization, reform is warranted and long-past due.



++++++++++++++++++++++++++++++++++++++++++++
I am a divorced father of two and pay child support monthly. Parents who do not pay their allotted child support anger me, because they make my dealings with the Maintenance Enforcement Program much more difficult.
 
On Friday's Eyeopener, Manuel da Costa said that in times of financial distress, one could simply call the MEP and make payment arrangements. My experience has been quite different from what he described. When hard times have come and I have had to speak to a Collections Officer at MEP, I am at their mercy. The majority try to be helpful and cooperative, but I have been treated unfairly and discourteously when I felt I most needed help.
 
When experiencing financial hardship, I have been held under a suspicious microscope, accused of hiding money, accused of dodging my responsibility to my children. I have not been offered payment plans, I have been threatened with the withdrawal of my driver's license and garnishee of my wages.
 
Collection Officers are brusk, rude and sometimes offensive towards me. Those same people are polite and professional when speaking with my lawyer or payroll manager.
 
The amount of arrears owed to parents is staggering. That number comes from the court orders in the divorce or separation process. The Maintenance Enforcement Program actively and aggressively enforces the court-ordered child support payments. But there is no government program for the non-financial part of the court order. If non-custodial parents are having problems such as access to their children, their only recourse is expensive legal help.
 
Mr. da Costa minimizes how difficult it can be to have meaningful, significant communication with the MEP. By focusing on only financial issues, the MEP has a very narrow view of the issues at hand, and great power to enforce collection. It isn't working well for either custodial or non-custodial parents. It is time for a meaningful discussion on the program as a whole.

For the Calgary Eyeopener, I'm Mark Zaugg.
++++++++++++++++++++++++++++++++++++++++++
Published Monday, November 23, 2009 11:30 PM by mzaugg
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Comments

 

Mike said:

if you have no job, few assets and no income (a position in which former oil & gas CEO's, retired cops, farmers and pharmacists can find themselves) MEP has you over a barrel. In my case, they placed writs on my few possessions, forced surrender of my passport, suspensed my driver's license and registration (meaning I could not insure my leased vehicle) etc. etc. Plus, you aren't even allowed an Alberta ID card --- which essentially means that you can't cash a cheque, open a bank account or provide ID to an airline. My debt is only a few thousand dollars, but trying to find a job without a car for interviews is tough. If I get one, MEP requires that I ask HR to write 2 paycheques - 40% for MEP and the net balance (likely less than their 40%) for me. The entire concept is illogical. They do everything possible to prevent you from working to earn money to pay a debt that you are not disputing.
December 9, 2009 7:19 PM
 

Sandra said:

My partner and I have learned that MEP is a law unto themselves.  Several months ago my partner was granted a Stay of Enforcement for 3 months while he looked for work.  MEP was served with the Order and didn't say anything.  Just before the 3 months was up they sent us an arrears notice in full, ignored the Order and took away his license.  MEP said they didn't have to obey the Order as they are a Federal program.   To top it all off because the Order had expired he had to go through their Mediation program.  What a joke.  Afterwards he got a bill for $589 for a one time fee; no explanation.  Now we are in a position where he was laid off January 4/10, but has been accepted into a training program for February 15/10.  He doesn't have his January payment and he knows that MEP will not offer any alternatives, except to take his license.  Hopefully he can finish his course before they do that as it is his Class 1 training.  
January 31, 2010 7:12 PM
 

crljones said:

Zaugg, I would like to "mobilize" discontent of MEP.  What do you think we should do?  I know a couple of guys who feel the same but no one does anything except pay and whine.  Where is our backbone?  email crljones [at] yahoo.com
March 25, 2010 11:03 PM
 

Andy said:

MEP only looked at one side of the evidences.  I didn't know my ex. file through MEP and requested child support from me.  I deposited the child support payment to my ex wife's bank account every month.  I provided MEP email my ex. send to me request me to pay for child support and her account number, deposit slips made to her account, bank's location where she opened the account and the bank I deposited in.  MEP turned around and said information provided is not good.  They can't verify with the bank to prove the account number. This its redicious, according to the bank institution they have to release information to government or court order.  

They kept saying the program is fair. What fairness are they talking about? No one replied you when you called or you email.  They completely ignored all debtor and treated us like ***.  They can obtained all the court enforcement against you but never obtain a letter to prove the evidence you submitted.  

Is there anyone out there have any suggestions?  This its a long battle, I had been deal with them for 3 months.  
April 1, 2010 3:13 AM
 

mzaugg said:

Whoa, Andy!  STOP!

Perhaps you missed my point - or you understand it all too well.  These people are not your friends, they don't care about you or your problems or your situation.

It's painful to hear, but MEP did not listen to one side of the evidence.  They looked at the court order in front of them and enforce according to how they interpret it.  They don't care what you have to say, they don't care what your ex has to say, they only care about the court order.  That's a good thing - except they only enforce the financial half of the court order and that means you are targeted alone.

Step one:  Start making your payments through MEP immediately.  Treat any money that's been spent already as temporarily lost.  By and by you should recover it.
Step two:  Get help.  Real help, you cannot do this alone and battling MEP is counter productive.  Get a lawyer, get in touch with a men's group - send me an email and I'll help you out as much as I can.

I was warned by my lawyer from the outset about your situation - why you weren't is a terrible shame.  Many people have been through it before, it's a known situation.  Get active, get solving it and stop wasting energy butting heads against a department that doesn't care.  You have a long, tough road ahead, start focusing your energy where you have an easier time getting returns.
April 9, 2010 5:46 PM
 

alex said:

Hi, well, I have no kids, I married a filipina, after 3 years of being verbaly and physically abused, and her cheating, getting pregnant by her bf, I left. I then tried many times to offer a settlement, as much as 40k, she lawyer(lyer'd) up, I went to court thinking it was a joke for her to go for child support, cuz the kids were not mine, to by disbelief, the judge ignored the fact that she purgured herself 3 times, lying about her expense report( 5500/month) while living for free at her bf's home, saying he wasnt helping her financially, and that she was living off her(maxed) credit cards. The thing is, I study law, I put alot of time ito it, and I also run a business, the reason why they can take your licence, bank account, and passport, is because the have owned it all along, these are corporations made by the Gov, in your likeness, without full disclosure, and any contractthout full disclosure is null and void ab nesio, there is a way to correct it through a claim of right, and by claiming each individual tight. I fired my lawyer, because I did not want to be a ward of the state, I want to go to court pro se, ( on my own) which is a right I claim.
April 25, 2010 1:35 AM

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