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  • Maintenance registration - debtor

    I just registered with MEP as the debtor. I have never faltered on support...this is strictly to minimize contact with my ex as she is high conflict. I was advised to do so by my lawyer.

    My question is once she is notified that I registered with MEP can she simply tell them I am in arrears by swearing the affidavit of arrears? And would they immediately put arrears on me without being able to prove my payments made?

    I never filled out the affidavit of arrears in my package because it says to do so only if I am in arrears and there isn’t any. For the last 3 years I have even paid more than what the order states, which simply says $xxxx/mo until further order of this court...it doesn’t say to adjust it yearly.

    I have made the payments by going into the bank each time support is due and transferring the money from my account to hers...the teller always asks to confirm who the account holder is and they confirm that it is hers before they process the transfer. Would these transfers be proof enough with MEP? A bit worried now i will be starting off with MEP on the wrong foot if she lies and says I am in arrears.

    If she does lie what do I do? I foresee this happening so I am wanting to prepare in advance.

  • #2
    If its like FRO then you dispute it. This would involve statements from the bank account showing the money transferred.

    Comment


    • #3
      Originally posted by twister777 View Post
      I just registered with MEP as the debtor. I have never faltered on support...this is strictly to minimize contact with my ex as she is high conflict. I was advised to do so by my lawyer.

      My question is once she is notified that I registered with MEP can she simply tell them I am in arrears by swearing the affidavit of arrears? And would they immediately put arrears on me without being able to prove my payments made?

      I never filled out the affidavit of arrears in my package because it says to do so only if I am in arrears and there isn’t any. For the last 3 years I have even paid more than what the order states, which simply says $xxxx/mo until further order of this court...it doesn’t say to adjust it yearly.

      I have made the payments by going into the bank each time support is due and transferring the money from my account to hers...the teller always asks to confirm who the account holder is and they confirm that it is hers before they process the transfer. Would these transfers be proof enough with MEP? A bit worried now i will be starting off with MEP on the wrong foot if she lies and says I am in arrears.

      If she does lie what do I do? I foresee this happening so I am wanting to prepare in advance.
      I think you received very good advice from your lawyer.

      Once you receive your registration information and get your MEP file number and pin # you can send your information to MEP preemptively if you wish. They will keep the information on file. I believe you can either fax it or email it (as an attachment). I have always faxed things to MEP - you simply send a fax cover sheet and/or covering letter and make sure all of your attachments have your MEP file #. This way, if/when your ex starts to stir the pot, the case manager will have your information on hand and perhaps put the fire out. This may or may not help you. Just send a cover note explaining that you expect your ex may try to pull this stunt and you wanted them to be fully informed of your payment history.

      Excellent that you have bank receipts. So often people pay the other person cash and then it becomes a 'he said she said' situation.

      Comment


      • #4
        I have 200 individual bank transfers though. I don’t know how I can provide that to MEP and get them back? That’s a lot of scanning to do. Our order states $xxx per month until further order of this court...it’s never been updated to say any other amount or that it is to be adjusted yearly. Would MEP only enforce the amount stated on the order or would they allow her to file an affidavit of arrears providing my income and what support “should” have been? I would think that that would only be up to the courts to decide? I have never been “blame worthy” always provided my income...she has never asked or indicated an adjustment. I even started to pay more than the order stated for the last 3 yrs.

        Comment


        • #5
          If you were supposed to exchange information every year, for the purposes of determining support, then you may or may not be in arrears.

          MEP will calculate:

          https://www.justice.alberta.ca/progr...T.svl=programs[/

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          • #6
            We were supposed to exchange income tax returns, and I did, but never have used or was told to use the recalculation program. It isn’t in the court order. I will be setting this up in the near future as well.

            Comment


            • #7
              Oh and to add the court order never said to exchange to calculate support yearly. Just said to pay xxxx until further order of this court.

              Comment


              • #8
                It doesnt matter what your agreement or order says. For child support, when your income changes, so does child support. Supreme Court case on DBS outlined that. You can argue that you provided her the info in an effort to update.

                Comment

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