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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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Old 09-12-2015, 10:01 AM
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Default Collecting any awards

Hi, I've got a big arbitration coming up. My ex has: withheld all child supports, withheld investment payments to the children's trust, hidden companies with 2M in investments, non disclosures, deducted fees off spousal, sent me a $25,000 S7 bill with numbers pulled out of air, assaulted me resulting in a peace bond, it goes on. He has done a lot of things that I think are going to look very bad. I've had to hire a forensic accountant on the financial issues, he's not complying and she is Expensive. I've had to hire a corporate lawyer for the Trust. I've had to get a family lawyer for the CS and other issues. All because my ex just does what he wants and is not afraid of any consequence (to which he's had none since he started this big financial murder of me)
I'm wondering if, God willing, the awards go my way and he's ordered to pay back all the money he's kept and to pay CS and hopefully some costs on all the legal fees I've had to incurr since his madness began - what does the system do to get the money out of him? He's claiming broke, but I know of 3 commercial office buildings his hidden company owns that has approx $2M invested... Would I have to put liens on them? Hes got vacation property and all the motorized toys to go with it.
He's already proven he doesn't care to follow the laws and just keeps the money. I definately want MEP involved. What does the law do about any arrears or cost awards?
I've come along way and it's a koom-bye-ya thing, but I am getting financially strangled in the process and that's my reality. So his plan is working so far. I can't do this financial war every year, this is it, my money will be gone, let alone the mental and emotional fatigue of fighting everyday. I've talked to a lot of his past business partners and this is how my ex operates with everyone, he's a bad guy.
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Old 09-12-2015, 12:07 PM
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I hope you are going for "binding" arbitration or you are likely wasting your time.

You may get an Order (as I did) but my ex took me back to court for over 5 years trying to overturn the Order. Just be aware that they can do that.

MEP will enforce the Order, particularly if it is child-support related. You do have the option of opting out of MEP and collecting things yourself. You can go onto MEP's website and have a look at their collection powers:

https://www.google.ca/webhp?sourceid...berta%20online

He has to pay or will eventually lose his drivers licence, passport.

I too had to hire a battery of lawyers (criminal, corporate, family) at one time.(good for tax deductions once you get your Order and receive SS).

I hope you have a good lawyer for your arbitration and that he/she has success getting your costs. In my situation (Edmonton area) the JDR (binding) was done with a judge so getting Order wasn't an issue.

Just remember that aholes like your ex (and mine) do go back to court to have things reversed later so I do hope your lawyer pays very close attention to wording of any and all orders.

Good luck - keep us posted on the outcome.
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Old 09-12-2015, 05:11 PM
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It is binding. I want/need MEP involved for those CS payments. When he used to pay he was 2 weeks late every month. Does MEP deal with any of the other $ issues- such as if he has to pay me back for some legal fees or the forensic accountant? If he wasn't an a** I wouldn't have had to hire her.
He's taken $21,000 from the trust investment, I can see him saying he doesn't have it to pay back.
I remember seeing another post of yours about being in court fighting to maintain any orders made in arbitration. I will be there too if that arbitrator finds anything in my favor?
Did your ex pay you for any costs or anything that MEP wasn't involved in? Did he comply with any of the orders or did you have to take him to court to comply?
I can see my ex taking any awards to me and saying 'ya right, wait by the mailbox for this'
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Old 09-12-2015, 07:00 PM
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Hard to fathom that you have expended this much money and time and none of your legal counsel have advised you to register with MEP?

You should register the separation agreement which you now have with MEP. When you get next orders you simply update MEP. Your family lawyer will know how to word the Order (and make sure to argue for you AT THE ARBITRATION). Once Orders are registered in court, and if there is the standard paragraph about MEP enforcement in it, then MEP gets a copy of the Order directly from Alberta Justice. You don't have to do anything.

Your lawyer should request that if you get a costs Order it should specifically say that the amount be administered by the Director of MEP. If he doesn't know to do that then he shouldn't be practising law.

Sounds like you don't have any idea of how MEP works. You can find the information on the internet. Start with the how to get registered part.

You can't interfere with MEP collection actions or you risk them dropping you. Then you stand a very slim chance of getting any of your money.

The nice thing about MEP is that you don't have to deal directly with your ex about money in the future. I don't know the specifics of your case but believe me when I tell you your situation is not unique. There are far wealthier people than you, who have a multitude of companies and trusts, who go through this. MEP is the enforcement arm of Alberta Justice. They know how to deal with aholes like your ex - do it all the time.

Last edited by arabian; 09-12-2015 at 07:03 PM.
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Old 09-14-2015, 07:48 PM
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My separation has been a burden right from the get go. We did not use lawyers and now it's blown right up. Saved money in the beginning to puke it all out now. After 3 years I've smartened up. Now it's catch up and make things right time.
I've become up close and personal with the MEP site. After this is done I could get a job at their call centre.
Thanks Arabian.
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Old 09-14-2015, 07:55 PM
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Then you know the importance of recording the name of each and every person (along with time/date) that you speak to at MEP. They will only give you 1st name. You also know that one person can tell you one thing and another person can tell you an entirely different thing. (Unlike FRO in Ontario, there is no "file ownership" in Alberta - or so they say). This is normal for a call centre. You realize the people who make the decisions are the "level 2" people. Sometimes it is useful to fax them and ask for a response, in writing. You can also email them but I have found that faxing the Director of Collections to be most effective. If you have a problem in the future with MEP (hopefully not) your recourse would be with the Ombudsman. MEP, nor any other maintenance enforcement agency in Canada, will not reveal their operational policy to anyone. Many have tried but no one, to my knowledge, has succeeded (anywhere).

Yes I know how the MEP works and I too have unfortunately had to "ramp things up" when action isn't taken.

Best of luck to you.
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