A commentary on Alberta's Maintenance Enforcement Program

by Mark Zaugg 23. November 2009 21:30
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.
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Comments (40) -

12/9/2009 5:19:38 PM #

Mike

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.

Mike | Reply

1/25/2012 12:21:08 PM #

JEff

I am in the same boat. I just want to pay my disputed debt for my children. But little do my children know i don't have the right to bank, drive, vote or travel because i had them and i want to give them money. It is craziness. No employer you go to wants to deal with garnishing because they then think you're a bum.

JEff Canada | Reply

1/31/2010 5:12:08 PM #

Sandra

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.  

Sandra | Reply

3/25/2010 9:03:54 PM #

crljones

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

crljones | Reply

4/1/2010 1:13:07 AM #

Andy

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.  

Andy | Reply

4/9/2010 3:46:23 PM #

Mark Zaugg

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.

Mark Zaugg | Reply

4/24/2010 11:35:32 PM #

alex

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.

alex | Reply

8/8/2010 3:52:41 PM #

Shaun

I have been a non-resident of Canada since Jan 2007, I had made my child support payments via another province(where I resided before moving overseas) program that was linked to Alberta MEP.
Granted the child support was reduced by the Alberta court in 2000 due to costs associated with visitation. I just now find that the payments have stopped and Alberta MEP wants complete finacial disclosure, how is this possible?
Since I am an expate what should I do? I will only pay through the MEP otherwise I will consider it "lost monies", yet my Ex has given me no information or contacts.
I only recently recieved the letter threatening $2000 3 months jail for non-compliance, which is already over three months old.
Will I be jailed if I enter Canada? will I be charged $2000 because she didn't supply the MEP my proper address?
What should I do?

Shaun | Reply

8/8/2010 9:19:11 PM #

Mark Zaugg

Shaun:

I'm not a lawyer and I don't have advice specific to your situation.  Particularly when you're dealing with different jurisdictions you have to understand you have a very complicated situation.

First, be careful about what you post publicly.  It can only bring you harm.

Second, everything in my experience says that the MEP is a heartless, brainless bureaucracy.  As I've stated, they only care about the financial side of the court order and they will interpret it as they wish and you will have to deal with the fallout whether you are in the right or in the wrong.

Soo...  As far as MEP is concerned, you are strictly and completely in the wrong if you do not get child support to them on the date in your court order.  You must get that fixed immediately.  Next, how can it possibly by someone else's responsibility to provide your proper address to MEP?  That's your own responsibility.  Fix that yourself, now.  Don't rely on anyone else to do the right thing.  If you have no contact information for your ex - let MEP figure that out.  The money's going through them first anyways.  Worry about your situation now.

Absolutely and most importantly, you must document every single thing you've done and are doing now.  Everything.  Your notes have to be meticulous.  Names and times of each contact.  Document *precisely* what was said.  Get into action at once.

In all honestly, your best bet is to get professional help.  Lawyers are ridiculously expensive, but they know what they're doing and MEP will treat them respectfully.  When I have tried to deal with MEP directly, I am regularly treated with scorn and contempt.

Tread very carefully, they probably consider you guilty of violating your court order and that is all they care about.  Your first step is to right that, then protect yourself from ever letting it happen again.  Then don't stop working until we've fixed this lunacy.

Mark Zaugg | Reply

8/9/2010 2:22:23 PM #

Marcella Jordan

My experience with the Alberta Maintenance Enforcement, Ontario Maintenance Enforcement and Saskatchewan Maintenance Enforcement says they are Provincial and not Federal and have no jurisdiction to take anyone's passport.  To take someone's passport they require to commit a criminal offense and because the RCMP are presently in Mutiny mode and don't know who they answer to...possibly the MEP thinks  they are RCMP employees?   My quality assurance background coupled with 4 pieces of real estate and a $52,448.54 payout that got hidden by the Saskatchewan Justice Minister pretending he was my lawyer sums up my 14 years of looking for my complete asset base coming out of Provincial Courts and Federal Judges all working with Provincial Jurisdictions and the municipal governments foreclosing on people's assets for back taxes when the Statute of Frauds that I would work under as a B.C. Real Estate Broker sums up what this Department really does.....



It breaks every land law of this country.



It sucks us into a system, steals our real estate and then pretends it has a purpose....get rid of the complete system.  We need to change how real estate is sold, divorces are handled and taxes are assessed and collected.....the answer was filed with Mr. Ed Stelmach's office, January 7 - 9, 2007 and all we got is the contempt of court orders - still not put in place - to provide me with the disclosure of all the assets that passed through the Calgary Court of Queen's Bench January 1997 and the likes of MEP Alberta says they can't enforce the assets or the accountability and when the next door Justice Minister takes and starts up my divorce after a Judge says that the local lawyer - Mr. Dawe - will be the last lawyer on my file.......please see www.law.avva.ca and send it to your nearest - or I forgot to tell you - there is no one to send the problem to.



Try the World Court - !!!!!!!!  - Why do we even need elections, neither government wants to tackle the fact that we lose Agency Laws right at the Governor General's office when they accept a Budget without having any money - Are they nuts?



Well then we did get lawn bowling and the Stanley Cup - and what about Mr. Mark Carney, he uses the Banks to tell the fortune for the economics - What about Land Titles provincially having to provide the base for the Income Taxes by taxing the land documents every time they pass through their little hands - ?????



What about all those mortgages put on these lands by the Banks - should we not tax the banks for using our business base with no return for the surveyors work after the war.  That was suppose to be the base for Taxation for Revenue Canada.



Well let's get it clear - Instead of taxing the land and the mortgages, we have been taxing your paychecks, right? We are taxing the Labor force and that means your kids are supporting the system by eating macaroni rather than steak????



Let's bring the Financial Gurus to the table with us in the room......and ask some questions   -----    before they have another election.



Oh, by the way, The Supreme Court of Canada erred when they said Incorporations were persons - let's get it right........only Aboriginal and Canadians are persons for the record and only persons are allowed to own land in this country...maybe our High Court can tell us how they can now correct that problem keeping in mind:



We need to change how real estate is sold, divorces are handled and taxes are assessed and collected......



and get rid of Maintenance Enforcement in Canada - they don't fit anywhere in the Land Laws and Marriage Laws of this country.....do they?  Can they provide the Global economy with the laws for the transfer of land globally through a Common Law or Church marriage?  The answer is no and that is a concern for the World....



We have been sucked into a Global Economy and we have no Management for the transfer of land in our country and likely the world in the process of divorce - so Justice Ministers globally how are we going to change that process for the kids of this world......????



The kids of the world are the customers looking to be served so let's stop the circus and get direct answers for the real problem......



We need global management of land passing through each divorce before we get any more Free Trade????  We entered into free trade without the same tax laws, Mr. Mulroney and Mr. Bush - so I reiterate to the World.....



Help - Our Kids are being sucked up into your errors and that must be changed by getting rid of MEP because they cannot provide the necessary accountability as shown on my www.law.avva.ca and let's at least try to put in the contempt orders to see how great the court could be...if it really wants to be held in the high esteem the world has been led to believe....



Just so the world knows, The Canadian Real Estate Association is tauted as the means for errs on my B.C. real estate licence and fraud so why would all these other souls be involved in real estate without licences and no one to shut the offices down?



The Law Society of Alberta and all its followers please tell me that you have erred when I have brought a number of these lawyers in front of you for disobedience and now they are in contempt of Court and the Justice Minister that should have stopped it is now a Federal Judge in a Provincial Court proudly sponsored by the Alberta Gaming and Lottery foundation all appointed by the Prime Minister of Canada.



I can only finish by saying God save the Queen....and Oh, Canada...and I am glad that the Prime Minister didn't waste any more tax dollars in changing the song.

Marcella Jordan | Reply

8/9/2010 9:07:28 PM #

Mark Zaugg

Well, I'm going to keep strictly within the focus of the MEP and leave the rest for a discussion somewhere else.  

I strongly disagree with abolishing the Maintenance Enforcement Program.  The MEP is a necessary and realistic response to the problems of the past where single parents were left at a substantial financial disadvantage after a divorce.  

My argument is that the MEP is out of touch with reality, and they are not respectful of either parent.  The MEP is dismally incapable of dealing with divorces fairly because of it's narrow focus on financial matters only.  There is desperate need for fair, balanced, and affordable enforcement of the entire court order after a divorce.

We don't need to return to the wild west.  We need a system that will do more than just spout platitudes and holistically examine what is well and truly best for the children.  Divorce creates TWO single parents, it is time to treat both parents as valued and important in their childrens' lives.

Mark Zaugg | Reply

8/27/2010 2:36:31 PM #

Jan

I am recently seperated, well actually 1.5 yrs, both my children are with me, one child has supervised visitation with his father, the other not at all.  He has paid not one cent since the seperation (oh and he refuses to return any of my or my childrens personal property) having us start from scratch, he had the bennefit of Legal Aid, till his lawyer dumped him, I do not, not only do I have to support my children alone, I pay a lawyer 400 /hr, which has amounted to more than $25,000 thus far, to keep his abusive behavior at bay.  We just scrape by and I have now had to take on a second job.  He has no intention of ever paying child support, in fact he applied for spousal support, he actually felt he was intitled.  I am really sorry that good people who choose to support their children are or have been treated unfairly my MEP, I would hope that any change would be to differentiate good debtors from the bad.  However, my only chance of my children being supported is by aggressive enforcement. So take away his licence, passport, garnish his wages, send him to prison if need be, my children deserve the best of life, why should he get to live better than them.

Jan | Reply

9/16/2011 12:33:06 AM #

justice4fathers

In my personal opinion, if those who wish to have custody of said children can't afford to live and eat AFTER divorce...DONT GET MARRIED OR HAVE CHILDREN IN THE FIRST PLACE. YOU chose to have those children (speaking of mothers), you chose to have the children live with you...YOU then become responsible for the care-take of those children.

I raised my daughter as a single mother, without child support. I CHOSE to go it alone, and thank GOD every day for my choice.

If you have to take a second job, then maybe you ought to blame the government and employers for s****y wages instead of blaming your financial woes on the father of your children. Your ex is not responsible for your lawyer fees, you chose to hire that lawyer, paying way too much in the first place.

MEP is a waste of money, and has NO PLACE sticking its nose into any relationship, current or divorced. They were not present at your wedding, or conception of your children, therefore, they should not be present after your relationship ends. Its a ploy for those wanting the children in their care to suck as much money from unsuspecting fathers. If you cant afford your children, give them to people who can and truly care about them, possibly the father. Maybe you paying child support to the father, and giving him custody would be best for the children. Often, I find, it is the fathers of those children who care more about them.

I think if MEP takes away his license, they should take away the mothers license, passport and anything else she has so they both are in the same position. What gives you the right to live life when you won't let your ex live it as well? F****ing greedy. If you think your ex is living better than you....in fact, if you think all ex-fathers are living better than you...take a look in the mirror honey, you have NO CLUE WHATS GOING ON.

As a single parent, no support, no whining about money, or this or that..I bet I can be a better parent on a low income than you can. In fact, I think I already have proven that. I am not, and never have, whined about child support, or lack of it...and made the best of my child's and my life. What are you teaching your children? How to be greedy buggars? How to scam people and take everything they own? People like YOU should be put in jail. This country would be better off without all of your kind.

justice4fathers Canada | Reply

9/17/2010 1:54:28 PM #

cathy

I agree with you Jan , I am a  hard working  mother of 2  amazing boys , there father  hasn't  spent a dime on them  since I left in 2008, he is presently  renting out our  house  after he harrassed me  beyond words. I have moved  and he has  full access to the kids  but  chooses not to see them,  He is hiding assets , money and has  quit his  jobs so he can run from his resposiblities of his  children ,  He  is hurting our  children so terribly much but  doesn't have a clue .  He is  in arrears  over $12,000.00 and I am  registered  with MEP. I will continue to raise and  support my children , I  wish that their dad  would see that he is not hurting me , but  he  has a life time  of hurt with our  children. He  also has wage garnishees, fedreal notices , licence  denials  and  continues to lie  to everyone , Happy running! I am confident that he will be  found and will be  forced to take resposiblity for his  children.

cathy | Reply

9/17/2010 3:31:12 PM #

Mark Zaugg

I welcome both Jan and Cathy's comments.  

My very first response to them both is that our system remains horrifically broken.  MEP is not performing it's role adequately for either parent.  We should not accept this level of disservice from a government department.  Legal costs are too high and the family court system is far too adversarial.  Particularly when one parent is uncooperative.

When I can't pay child support, I'm in serious trouble.  I sure can't pay a lawyer to go back to court.  I'm not a dumb guy, but I don't know how to navigate the courts on my own.  And I struggle to make ends meet - I don't have the energy to go to court fighting against a lawyer who knows how to gloss over all the loopholes.  MEP doesn't distinguish anything, the just draw a line at "adheres to the court order" or "does not adhere to the court order."  If you're in the second camp, they go after you with all they've got every time.

Jan's husband very well may be entitled to spousal support, regardless of how Jan feels.  Should it be enshrined in court order, that becomes enforceable.  Financial terms are enforced.

Access is also written into the court orders.  Those terms are not aggressively enforced.  I have no idea when my kids visit a doctor.  It's written in the court order that I am to be informed, but enforcement does not exist.

Are you willing to accept that women who deny access or break their court orders should be subject to revoking of their drivers licenses, passports, garnishment of their wages, and prison terms?  Because it's the very same court order that's being enforced.

Where do we draw the line?  Do we apply a $35.00 fine and threaten one's license when a child misses a single court ordered access time with the non-custodial parent?  That's the threat I get should I be unable to meet a single CS payment.

I am completely willing to say it is preposterous that your childrens' fathers have not met their obligations.  If MEP can't perform even it's fundamental mandate, it needs to be seriously re-examined at once.  The approach they're employing is not working.  It needs immediate reform.

Mark Zaugg | Reply

2/14/2011 2:55:54 PM #

Maxiine

My husband has a court order that says he has to pay $315 a month for a child from a previous encounter.  He is in car sales and changes dealerships at least yearly.  So each year he has to complete a new statement of finances.  This has not been an issue in the past as his income has pretty much stayed the same.



However this month, he went to MEP to drop of the statement of finance and was given an immediate meeting, to which the woman at MEP demanded that he now pay $1000 a month in support for this child.  She said there was not negotiation.  He ended up walking out of there now paying $550 a month but my question is, how can MEP just up the amount by that much when there is a court order stating $315 a month????  I know it is based on income but his income did not jump by that much.



Maxiine | Reply

2/14/2011 3:17:21 PM #

Mark Zaugg

Hi Maxiine,

Presumably they can read off the table where it should be, but a jump from $315 to $1000 seems extraordinary.

Take it to a supervisor and get an explanation.  Get advice and help from one of the men's groups - MESA in Calgary, I've forgotten the group in Edmonton but it won't take much to dig up.  Or send me an email and I'll help what I can.

  - Mark

Mark Zaugg | Reply

3/21/2011 7:51:54 PM #

BrianM


I've been fighting with MEP for years now. I understand both sides of the story as far as both parents are concerned. There ARE people out there that dodge their payments, and quite often they are the same ones that never visit with their children.



I've had financial trouble in the past and have missed payments. After my divorce I went through a deep depression and didn't work for 6 months (I collected EI during this time and a portion of it was deducted for maintenance). When I went to court regarding my child support, I provided my financial statements showing my income for the year at $21,000, which was down from $80,000 the previous year. The judge simply said "this is Alberta. I don't believe that you only made that amount so I'm calculating your support to be based on $50,000, retroactively for 6 months." Nothing like complete disregard for the law that he "upholds". He had my tax return as well as my seperation slips in front of him.

A little insight into the income... I worked in the oilsands and the money there is good. While at work one day shortly after my divorce, I was in a man-lift about 100 feet off of the ground and had to fight the urge to jump. When I managed to get myself down, I went into my foreman's office and told him why I was quitting. I've been driving a truck ever since.

Between the time off of work, the lack of work due to the economy and the retroactive payments, my arrears quickly exceeded $12,000. I've managed to get them down to just below $7,000 so far.

Since my arrears have accrued, there is a restriction on my registry "priveledges", which require me to renew my license every year. Last year, I went to renew and was told that my license had been suspended 3 months prior (I hadn't received any notice of this and had been driving a company vehicle the entire time). I spent the next 2 days trying to speak to someone at MEP to straighten this out. The registry said that the code they had in their computer shows that it was MEP that did it. MEP says they had no such suspension in place. I asked the person on the phone (MEP) to speak with the girl at the registry (I was standing at the counter using the phone), and they refused, saying there was nothing they could do. When I asked who I could speak to that could help me, the response was "geez, I don't know. There's nothing I can do for you." and they hung up. I kept calling back and finally got someone that was willing to listen. Before he got the chance to refuse, I handed the phone to the manager of the registry. They talked for a whole 2 minutes and the situation was finally resolved. If I hadn't been so persistent, I don't think I ever would have gotten my license back.

As it turns out, there was an action to suspend my license IF I didn't make a certain payment by a certain date. When the payment was made on time, the note was deleted, but the "code" was never taken out of the system.



I'm having a similar issue again today. I went to renew my license, but now I have to take time off of work tomorrow to call MEP and find out why my license can't be renewed again, considering my payments have been made as per my arrangements with them. I'm missing more work, which means money that could be used to pay my arrears. I just hope this doesn't go on for two days again.



I think the MEP is fantastic in some ways. There HAS to be a way to make the "deadbeats" pay. The problem I see is that ALL debtors are being grouped together under one heading. Almost every time I speak to someone there, they make me feel as if I'm a piece of crap. After paying my regular monthly bills AND my maintenance payments, I'm left with about $200/month to cover any extra expenses. I live in fear that if my car breaks down or needs something like new tires, I won't be able to get to work.



I feel as though they operate without being held accountable when they make a mistake. I don't know who to file a complaint with, or if they'd even care. The MEP website is nice enough to have contact information if you have a complaint, but what's the point? You're complaining TO them ABOUT them. I doubt anyone there is going to penalize their lunch buddy. As it is, with the attitude I see there, I wouldn't be surprised if their lunchtime conversation started with "wait until you hear what I did to this ***!"



Any advice would be appreciated, as well as any links or info you may have for a support group. In my opinion, I think they violate laws ,as well as human rights, in so many ways. If it were possible, I'd definitely join a class action suit against the department for these violations. That would open some eyes...

BrianM | Reply

3/22/2011 10:22:28 PM #

Mark Zaugg

Thanks for telling your story, Brian.  It sounds sadly familiar.

I'm in Calgary.  One of the groups down here is MESA.  You can reach them through http://www.mesacanada.com/

In Edmonton, the group I've been recommended to contact is ECMAS.  http://www.ecmas.org/

I'm sure there are others, anyone can feel free to post what they've discovered.  Your mileage may vary, experience can sometimes be vastly different.  Voice of experience - sometimes you're not in the right frame of mind to hear what you're being told.  It can be really tough some times.

We're guys that take it on the chin long and often.  It's pretty hard to get organized, keep yourself financially afloat, and still try to be a great parent to our kids.  It's important to try to organize and get something going.  Start small and let guys that have been through it guide you through the mine fields.

  - Mark

Mark Zaugg | Reply

4/13/2011 2:21:35 PM #

Shannon

I am the debtor and unfortunately due to sickness and maternity leave partnered with economic changes I am behind in my support order, I have been slapped with every restriction MEP can put on me. It has taken 2 years to finally get a reply or contact from MEP other then further restrictions or demands for financial statements.

I have now learned that the wording of my order is an issue. I have 2 children, 1 is 19 and on his own for some time, but my order is per month.. not per child so I am being billed the amount for 2 children. I know now that I have to return to court to have the wording changed. I know now that I can apply in Alberta to a Saskatchewan court . The court houses have a family law center that can help parents fill out a Provisional Variation order from one province to another. It will take another 6 months to complete.. but this is what I must do. MEP has been no help at all.

I have lost my job, license , passport, ID, bank account and most importantly my children. Over the last 3 years of not being able to afford to both pay and travel to see them, and then losing my car and license I have not seen my children in 2 years.

There is no apology that can bring that back.. no form to fill out or pat on the head to make me feel better about that.



All it would have taken.. is someone to listen to my story and know the answer to my question. I went through MEP, law offices , MLA and every other source of information I could think of to fix my situation.

The system is flawed, no one is watching the watchers.. there is a HUGE crack in the system and not all but some custodial parents are using the system to punish and control.

Federal gov't says MEP is a provincial issue but it is not. Orders are enforced across provincial borders and |Federal ID and funds .. and CIVIL RIGHTS are being revoked by MEP

Shannon | Reply

4/14/2011 3:14:15 PM #

WARREN

YOU WILL NOT GET PAID FROM MEP IN THE NORMAL COURSE. EVEN THE SOPHISTICATED DO NOT GET PAID. MY SISTER IS A CROWN PROSECUTOR. HER HUSBAND SOLD EVERYTHING AND LEFT HER WITH 2 ADOPTED KIDS AND DOUBLE CANCER 10 YEARS AGO. HE NOW OWES HER OVER $800,000. SHE GAVE A LOCATION, A BUSINESS ADDRESS AND A GREAT DEAL OF INFO. NOTHING. FOR YEARS. I DID DIVORCES MYSELF. THE WIVES STARVE. SOMETIMES YOU GET A GOOD AGENT...USUALLY NOT. TALK TO THE GIRLS WHO WORK THERE. EVEN THEY HATE THE JOB...GOOD LUCK. YOU WILL NEED IT.

WARREN | Reply

4/14/2011 6:16:27 PM #

Mark Zaugg

Now I have to disagree a little bit with Warren above.  

In the normal course, MEP works out okay for both parents.  Custodial parents normally do get paid.  I believe the majority of cases are trouble free.  But it requires both parents being cooperative and not locked into an adversarial battle.  Not pitting money against parental time.  Non-custodial parents have to be willing to accept responsibility for their children's welfare.  (Of course, if all parents were cooperative, we wouldn't have need for an MEP department.)

Clearly divorced parents attempt to be adult and cooperative, but it doesn't always work out even with the best of intentions.  

When it's a combative situation, MEP falls back to their standard policies.  Enforce the payment by withdrawing driver's licenses, passports, set out a garnishment.  But it's the same hammer for the same square peg into the same round hole.  Forget any sort of help whatsoever if your argument is in any other part of the court order other than the financial aspect.

Why do some parents game the system for years while parents like me get kicked in the teeth over and over again from the exact same department?  Something is broken in the way we approach this.  It needs to be addressed.

Once again, it is time for a truly meaningful discussion on the system as a whole.

  - Mark

Mark Zaugg | Reply

5/6/2011 4:02:39 PM #

Shannon

Just an update. I had my day in court and my arrears have been adjusted to reflect my income and all fees and fines for the last 4 yrs have been court ordered to be removed from my MEP account. By court order my MEP balance has gone from over $11,000 to under $1000. The judge I got was very nice, understanding.. and even confused as to why and how the nightmare I have lived should have or could have happened.

My paperwork needs to make its way from province to province and from MEP to MEP but I think I am well on my way to putting 20 years behind me. Stick to your guns.. fight your fight when you know you are right.

I went through the wringer... I lost my registries for 2 years and my bank account, career and credit rating and my ID were lost.. but in the end I proved my case and at least one Judge has learned about an error in the way a law is written and being used against non custodial parents.

I feel like I have had my eyes opened to the system and just how far the system itself can be used to abuse and control a spouse LONG after the divorce papers are signed. I will never get back the relationship with my children and can only hope to repair the damage that has been done. Both mentally and financially.

For every time and every moment I ever thought of giving up.. I am now so glad I didn't.  The judge even commended me for continuing to fight for myself and was saddened that I had to go through what I have. To quote " A woman like you should be commended.. not punished for what you have endured"



My sunrise today was a little brighter and warmer then I have felt it be in over 11 yrs. Today.. I can breath.. and when paperwork is final I will feel free for the first time in 2 decades.



Never give up on your children or your fight.

Shannon | Reply

5/6/2011 10:22:49 PM #

Mark Zaugg

Congratulations, and thank you for sharing that.

Mark Zaugg | Reply

5/7/2011 8:44:29 AM #

richard

why after years of abuseing people cant this mep just be shut down!!!
How many people suffer from depression and committed suicide because of the mep program!! who suffers our kids!!
after 15yrs of dealing with this the end is near but not before they kick me down one last time!!! I went to pay the balance of the arrears a misprint on the cheque made it non tranverable instead of just asking for another cheque i,v been get everday notices of action writs federal stuff ,it makes me sick emotionaly and phyicaly....I ran back to pay this time with a bankdraft as good as cash right payed off so what happens now is all this stuff removed from my credit rateing or did they twist the knife in my back one last time the good news out of all this its more or less done I WISH THIS TO NO ONE I lost all respect for MEP

richard | Reply

5/10/2011 3:30:37 PM #

Dwayne Dudiak

I have had lots of fun with maintenance enfarcement. As with everyone they have thrown the hammer at me for being the debtor. However in the course of doing thier wonderful job they have broken a few laws and of course overcollected. I am in Edmonton and am looking for a lawyer to fight maintenance enforcement any suggestions would be appreciated.



Truthfully the system is unfair but it is required perhaps in a different form. I have satisfied the court ordered payments and more and was taken advantage of by mep. I do know of cases where the dad/mom is unwilling to pay or won't pay which almost justifies the system. Unfortunately those that do pay fall under the totally uncaring eye of the disfunctional machine. I really am not sure how a government agency can get away with breaking the law.

Dwayne Dudiak | Reply

5/12/2011 1:31:58 PM #

Shannon

I know this will not help.. as it did not help when it was told to me..

MEP says they are understaffed. They receive 1500 calls and emails a day, and can only reply to 300 a day.. MEANING 1200!! people are being ignored each and every day.. they tell us we have to contact them through the contact us on the website or to call and wait for a call back. Our lives, credit, jobs and more are "on hold" waiting for a call back that most likely will never happen. God forbid you work during the day or leave the house for any reason and miss your call back. You Have to start all over again. I personally sent over 50 emails 26 calls and 2 faxes  and according to my file.. they have 3 emails, 1 call.. and no faxes.

Shannon | Reply

6/5/2011 10:22:45 PM #

Barb

My husband's children from a previous marriage are 18 and 19...finally MEP believed us that the 19 year old (almost 20) was not attending school (his ex forged letters on a child status review)...our account was cancelled!  Finally!  4 months letter we are being told he still has to pay for the 18 year old...who does not live at home.....plus arrears from the day THEY cancelled it.  MEP is a joke!  We have a meeting with them tomorrow, and I am going with every bit of paperwork we have them to back up the mistake THEY made.......they could not even get the date on the court order right that the payments are due....my husband has paying been paying from a 1996 order with payment due on the 15th.  When they reinstated it they now say the payment is due on the 1st.  Thanks for the 2 days notice that you are reinstating it....for whatever reason we are not sure...get your payment date right at least.  Every aspect of this Program is horribly run......

Barb | Reply

8/15/2011 12:52:08 PM #

Andrew

Mark,

It's scary reading some of the comments here. I won't get into my story, not here online, but I have been quietly building a case against MEP and my access to them. I have recorded all phone messages left, have copies of emails and letters sent, and have tried to document as much as I possibly can.

I'm curious to see where others stand on some form of class action. Perhaps others have explored this option and discovered (as I expect) that MEP is judgement-proof. Still, it's an option I need to explore. I am a former journalist and communications professional. I am prepared and committed to telling stories of fathers fighting MEP, either in a blog or by some other means. Please forward your comments to me at nicholas@starnorth.ca.

Dads, we need to organize and stand together.

Andrew Canada | Reply

8/19/2011 3:07:42 AM #

dispute letters

Truthfully the system is unfair but it is required perhaps in a different form. I have satisfied the court ordered payments and more and was taken advantage of by mep.

dispute letters United States | Reply

8/29/2011 8:47:33 AM #

sökoptimering

I am in Edmonton and am looking for a lawyer to fight maintenance enforcement any suggestions would be appreciated.

sökoptimering United States | Reply

9/16/2011 6:44:35 AM #

MBTI Career Test

Perhaps others have explored this option and discovered (as I expect) that MEP is judgement-proof.

MBTI Career Test United States | Reply

9/16/2011 10:19:13 PM #

Mark Zaugg

A couple of notes I want to add in here.

The new software put my photo for all the replies.  They're not all from me.  Read carefully.

I'm still leaving this open for comments, I'd rather err on the side of permissive rather than restrictive of discussion here.

I don't agree with all the replies, but I'll happily let you post your messages.

And if you're stressed out about using an email, I'll accept example@example.com.  I'm much more interested in seeing discussion in this post.

"Be respectful" is really the point of this.  We need to be treated with respect.  We need to treat others with respect.

Mark Zaugg Canada | Reply

11/16/2011 9:33:52 AM #

Thomas

I think MEP is often used as another tool for the creditor to harass the debtor and make their life more difficult..  I just received my first letter from MEP indicating that my ex is now wishing to receive support through MEP.  I was quite surprised by this as I have never missed a payment in 12 years and have always written her a year worth of cheques.  I have heard from lawyers that MEP is setup to fine the debtor as much as possible.  I can see that this is the case as it looks like if I have my direct withdrawal setup to come out the first of the month, I will be in arrears because they put a ten day hold on it.  Is this the case?

I am very welcoming of the fact that I can just setup withdrawal but very worried of being penalized even when I have paid on time.  I think MEP should only be in place for those people who do not pay or who have missed payments.  Now it looks like from these posts, I will be painted with the "deadbeat" brush anytime I have dealings with MEP.  I guess I will record all conversations and make sure I tell them that I am recording the call for quality assurance.

Thomas Canada | Reply

11/16/2011 11:59:23 PM #

Mark Zaugg

Hi Thomas, I do have a couple of direct answers.

First, when MEP does a direct withdrawal from your account, the ten day hold is on the recipient, NOT on you.  The MEP only cares that they receive your money on the court ordered date, they don't care about anything else.

Frankly (and this is my opinion only), the MEP is pushing all Debtors towards direct withdrawal because it is the simplest for them to operate, certainly not because they intentionally want to fine you.  From my experience, if there's a mistake or an unfair claim against you, they will happily penalize and fine you along the way and leave it up to you to make amends.  In theory, the MEP is only a clearing house that contains a system of ensuring payments from one person to another are tracked.  In practice, it's a very dysfunctional system.

The biggest source of day to day stress in my life is absolutely the MEP.  My second greatest regret (behind needing to divorce in the first place) was letting the MEP manage my account.  Your mileage may vary.

I have heard stories of people paying through the MEP without problems.  I've also heard stories of divorces that were congenial.  Make of it what you will.  Definitely talk to a lawyer with your specific circumstance for proper advice.

Mark Zaugg Canada | Reply

11/22/2011 12:15:03 PM #

Kori

I am extreamely sorry to hear of all the horror stories of MEP, all which I have known for the last 15 yrs from having worked in family law.  But for those who are the debtor and are not resposible for their children and the money would make a huge difference in their children's lives what other recourse is there?  I have finally broken down and registered with MEP as a last resort as I do not support their methods.  

The father of my kids has not paid in 3 yrs and I have worked 18 hr days to support them I have no life and niether do they because I'm alway0s working.  We buy all our clothes second hand, any activity my kids do are with help from family.  He wears designer everything, lives in a big fully renovated house, is constantly out  and thats fine but pls take care of your children as well.  On top of it he does not return their phone calls and has only made it for 4 visits in 3 years.  The divorce agreement was made up by him, I made no adjustments, agreed to the lower than calculated child support (in hopes that he might actually pay) and took nothing for spousal. I believe he is the type of debtor that all others have to thank for the unfortunate and disgraceful treatment that is given across the board.

Kori Canada | Reply

11/24/2011 10:03:46 AM #

Mark Zaugg

Well, if you know all the stories then you'll know very well that MEP is not a silver bullet for collecting child support.

At best they can cause pain for the children's father, but they have great power to cause great pain and they use it indiscriminately.  On the other hand, there is absolutely no guarantee they will be an effective collector of funds and there are many people frustrated with the MEP's inability to collect support that is past due.

The MEP does not change the behavior of 'Debtors' in and of itself.  I truly wish you success, but past experience says you're unlikely to get satisfaction.

As for working 18 hour days and struggling to support your kids, I applaud your efforts and will give you the same harsh advice my lawyer gave me:  You need a better job.  This is Alberta, there is all kinds of opportunity.  Figure out a better way to live and get started.  I've been struggling for 10 years and the end is far in the future, but it's still worth the struggle.

Mark Zaugg Canada | Reply

11/22/2011 10:04:24 PM #

Tim Casey

It is definitely time to start a class action lawsuit against MEP and the Alberta Government. An Alberta Court judge (personal friend) has given me the name of a lawyer who would be interested in discussing it with me. So, if you want a real shot at justice and reform, write to me at timcaseycdn@yahoo.com.

Also, I have been sending stories to the Wildrose Party and they are willing to listen to us. Please find out who your Wildrose candidate is and talk to them.

I have given them a few suggested "reforms" regarding not only child support but also the RIGHTS OF THE CHILDREN. My favorite is that I would like to see children involved in a divorce/custody dispute have their own lawyer... paid for equally by both parents.

Tim Casey United States | Reply

11/24/2011 10:15:24 AM #

Mark Zaugg

Children with their own lawyers?

No.  I cannot support that.  Not by default.

Guardian Ad Litem (GALs) are more common in the States and create a whole galaxy of their own problems.  It has created cases where the rights of the children trump the rights of everyone else which, quite paradoxically, works out to be not in the best interests of the child.  Cases are tied up longer, costs rise dramatically, parents complain about paying for the privilege of having a lawyer smear thems in court.

Everyone talks sweet talk about what's in the best interest of the child, but we all filter it through our own particular lenses.  Ultimately we rely on someone else's opinion on what's best for the child.

We never ask for that opinion when the parents are married, why does it only become an issue when parents divorce?

Our entire system is rotted and dysfunctional.  We really need to collectively discuss reforms and get the discussion into the forefront of the public.

Mark Zaugg Canada | Reply

1/3/2012 10:28:07 AM #

valerie

Wow lots of horror stories, well what ever happened to people being honest and remembering, that is takes 2 to have children and should take the same to raise them.....regardless of laws its about morals/values but our society has forgotten about that.....well hopefully we as the next generation of parents can instill the importance of protected sex and being a responsible human that wants the best for the kids....

valerie Canada | Reply

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Welcome

Change is the only constant.

Welcome to the semi-exciting new look, same crappy blogger.

All comments are still moderated, I'll approve everything that isn't spam or offensive.  Agreement with His Dorkasaurus is not necessary.

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