Creditor info & forms

Forms

Creditor's responsibilities
How a creditor can register
Up-to-date information
Payments
Payment due dates
Direct deposit
Payments made directly to the creditor
Income Support (formerly known as Supports for Independence, SFI or Social Assistance)
Uncollectible orders
Withdrawal from MEP
Debtors or creditors who live in another province or country
Service delivery targets
Maintenance Enforcement Support Agreements

Creditor's responsibilities

It is the creditor's responsibility to get a court order and provide any information that can assist the Maintenance Enforcement Program (MEP) in securing payment. The creditor must respond to any changes in the court order that the debtor applies for and advise MEP of any changes in the creditor's address and phone numbers. The creditor shall also keep MEP informed of any changes in the child's status (e.g. residence, education).

Creditors should not accept any payments directly from the debtor on a file registered with MEP. To avoid penalties the creditor must report all direct payments within seven days by using either the MEP Info Line or MEP Accounts Online.

How a creditor can register

Recipients of court ordered child or spousal maintenance are eligible to register with MEP without a registration fee, unless they are re-registering with the Program. The order is only enforced once registration has been completed. It is the creditor's responsibility to complete a MEP registration package if the creditor wishes to receive maintenance payments from the debtor through MEP.

Registration packages that are returned with inaccurate or incomplete information can result in a delay in the registration of the file.

See also:

Creditor Registration Package
Information regarding the involved parties (creditor and debtor) is provided by the creditor to MEP to enable registration.

Info Sheet - How to register with the Maintenance Enforcement Program

Up-to-date information

Creditors work in partnership with MEP to enhance the program's success in collecting on their behalf. It is the responsibility of the creditor in this partnership to provide MEP with any up-to-date information the creditor has regarding the debtor’s location, assets or employment. This information supplements MEP's own efforts and improves the ability to collect support.

MEP also needs to be informed of any changes in the creditor's name, phone numbers and address, as well as any changes regarding the child(ren) that could affect payment pursuant to the order or agreement (e.g. child no longer residing with the creditor, child is age 18 and no longer a full-time student, etc.). MEP may periodically request a sworn statement from the creditor to confirm a child's eligibility for support.

Address changes and information on the debtor’s assets, location or employment can be provided by calling the 24-hour MEP Info Line at 780-422-5555 (or dial 310-0000 for toll-free access from anywhere in Alberta). Using the creditor’s seven digit account number and personal identification number (PIN), a message can be left for MEP in the client’s secure mailbox.

See also:

Child Status Report (Child Age 18 and Over)
From time to time, MEP may require the creditor to confirm an adult child's eligibility for support by completing this declaration under oath.

Child Status Report (Child Under Age 18)
MEP may require the creditor to verify under oath that a child continues to reside with the creditor. 

Payments

MEP does not automatically send funds to the creditor when payments are due. Funds are only issued after they are received by MEP (either from the debtor or from other sources, such as a support deduction notice, etc.) and after they clear MEP’s trust account.

Payment due dates

Creditors will not normally receive payments on the due date specified by the order or agreement.

When dealing with monthly financial obligations, the creditor must take into account that payments may not be made at all or may not arrive on the exact date specified in the order. In addition, a time period of up to 5-7 days may be required for MEP to clear payments made through its trust account and to forward them to the creditor.

Direct deposit

MEP issues payments by depositing the funds directly into the creditor’s bank account. In order to ensure that funds are deposited correctly, it is the creditor’s responsibility to advise MEP of any changes to banking arrangements that may affect the direct deposit of support funds (e.g. a new account number, closing and re-opening the account at a different branch or bank).

Delayed or absent payments can result from a failure to report any changes in financial information to MEP.

See also:

Creditor Direct Deposit Form
Used by creditors to have payments directly deposited into their bank accounts.

Payments made directly to the creditor

Once the order has been registered with MEP, the creditor should not request or accept any payments directly from the debtor. If this does happen, the creditor MUST INFORM MEP IMMEDIATELY, so that an accurate, up-to-date record of all payments can be maintained. MEP regulations require that direct payments must be reported by creditors within seven days and only through MEP Accounts Online or through the MEP Info Line at 780-422-5555 (dial 310-0000 for toll-free access anywhere in Alberta) and follow the voice prompts.

Accepting direct payments consistently may result in the closure of the file or the inability of MEP to take collection action. Failure to report any direct payment as required will result in a $50 deterrent penalty charged to the creditor.

Income Support (formerly known as Supports for Independence, SFI or Social Assistance)

While a creditor receives Income Support, the Alberta government has the right to any maintenance payments due to the creditor.

Even though the creditor may be receiving Income Support the creditor remains responsible for reporting any payments from the debtor made directly to the creditor in order to keep the file up-to-date. By regulation, direct payments must be reported within seven days through the automated functions of the MEP Info Line into the creditor’s secure mailbox or through MEP Accounts Online. Failure to report these payments will result in a $50.00 penalty.

See also:

Info Sheet - Income Support and the Government's Right to Receive Maintenance Payments 

Uncollectible orders

Although every effort is made to collect, MEP cannot guarantee the collection of funds. Due to factors outside MEP’s control, not all maintenance can be collected. These factors include the following:

• The debtor has no assets or income that can be collected by MEP
• Difficulty in locating the debtor
• Inability to locate the debtor’s resources
• A stay of enforcement has been ordered by the court
• The debtor relocates to another jurisdiction where no reciprocal agreement exists
• The debtor is in jail
• The debtor has passed away.

Withdrawal from MEP

Unless the debtor initiated registration with MEP, a creditor may close the file at any time by writing to MEP. An exception to this is a creditor receiving Income Support, as the government remains entitled to receive any funds owing to the Crown (see section above on Income Support). The creditor may re-register at a later date, but a service fee of $200 may be charged for re-registrations.

See also:

Withdrawal from the Maintenance Enforcement Program (MEP)

Used by creditors to request that their file be closed with MEP.

Debtors or creditors who live in another province or country

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 MEP 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.

See also:

I live in Alberta and the debtor lives outside Alberta: answers to common questions
January 12, 2006

I live outside of Alberta and the debtor lives in Alberta: answers to common questions
January 12, 2006

Service delivery targets

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.

Maintenance Enforcement Support Agreements

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 how to register it with MEP, the form of agreement to be used and other relevant documents.

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Maintenance Enforcement Support Agreements - Print only - 297 KB  

See also:

Maintenance Enforcement Support Agreement Instructions - 94 KB    
December 19, 2008

Info Sheet - Maintenance Enforcement Support Agreements 

Maintenance Enforcement Support Agreement Affidavit of Service -  64 KB  
Maintenance Enforcement Support Agreement Notice of Filing - 73 KB     

Publications

I live in Alberta and the debtor lives outside Alberta: answers to common questions
January 12, 2006

I live outside of Alberta and the debtor lives in Alberta: answers to common questions
January 12, 2006