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  • #16
    We did both agree, and as I've written before this was years in the making and I have emails to back much of it up. Unfortunately, I think his mind was elsewhere (extramarital affair) so he wasn't around much to get all of the fine details, but was well aware of what was occurring. Hopefully his decisions won't mean more debt for our son and this can all get fixed. If MEP agrees that they can enforce the Divorce Judgement, how do I handle the tuition for the upcoming fall semester? Do I have to wait for him to not pay again, and restart the process, or perhaps MEP will just continually garnish the amount until the degree is finished?

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    • #17
      All questions for them to answer. You'll need to start figuring out a payment plan over the summer but get that agreement filed NOW to start the garnishment process. If they can work with what you have then thats a major step.

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      • #18
        I agree that registering with MEP asap is your next move. They make reference to forms to fill out listing the arrears and including the documents. Documents would be any and all court Orders and receipts that you have. Provide everything to MEP. They may require a certified copy of the Orders but as MEP is essentially the collection agency part of Alberta Justice they can get the Orders.

        Hopefully you can get this thing going without having to file a motion. If not then you set up a motion. If your ex is self-represented he will most definitely want to "have his day in court" but the judge will direct him to what he can talk about - it had better be relevant to matters at hand (son's section 7).

        If your ex has a lawyer then he would like book the motion for Special Sessions.

        I can't see you scheduling anything yourself until you are absolutely certain that MEP won't accept the documents you have and proceed with collections

        Keep us posted.

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        • #19
          Well forum friends...happy to report some positive news!

          Contacted MEP for the 2nd time (1st person told me that I required a new court order, but didn't seek too much clarification from me, and I don't know if I gave enough info?) this morning and I took the time to explain what my Divorce Judgment actually said. I was advised that indeed it is enforceable by MEP because it lists the proportional percentages. It apparently doesn't matter that specific amounts aren't listed on the order, as the amounts will always vary. The mandatory "Calculation of Arrears" form is where the amounts are detailed. I was instructed that the "Affidavit of Arrears" form is only used when there is unpaid Child Support being sought. Section 7 arrears do not require the affidavit to be completed. Once registration is processed, I was advised that the debtor has 30 days to pay and then they begin to go after the unpaid funds. Karma = we were splitting the tuition in thirds (dad, mom, student) and our order states 53%/47%, so by the ex refusing to pay and MEP involvement, his share went from 33% to 53%. I won't believe it until it actually happens though; he will likely find some way to try to dispute it, etc. Thanks to Rockscan and Arabian for encouraging me to go back to MEP for a 2nd opinion, rather than engaging my lawyer to head to court. Fingers crossed people!!

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          • #20
            That is very good news indeed. Write down the name of the person you speak to each and every time you call. Keep a diary of this as unfortunately you may have to revert back to it in the future. MEP, like other enforcement agencies, is a call centre. You can always email them and ask for a supervisor/duty manager to call you back. They are mandated to return your call within a few days and return emails within a specified period of time.

            Yes your ex is pretty foolish. Seems that he has forced your hand and in doing so it will cost him dearly.

            Karma is a bitch!!!

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            • #21
              This is good news indeed. Part of me feels bad for him but then I realize his self righteous stupidity got him in this mess. Hopefully the process is quick, FRO takes 30 days to process and then 30 days to pay. If you are speaking to them again, make sure you ask what happens if he files a motion to change or if he can file a motion to stop payments. FRO wont allow anything to stop payments but a new court order but MEP might be different.

              Deep breath. Now you have to file and wait. Remember to take your phone off the hook and dont engage in any verbal battles. He is going to get very ugly and it all goes into your court file.

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              • #22
                Because MEP is part of Alberta Justice, the judges (who are employed by Alberta Justice) generally don't interfere with MEP collection processes. Her ex can file all the motions he wants but it is doubtful he would be successful as the ink is barely dry on the last order and her ex was represented by competent legal counsel. He is employed at the same job etc. This is what happens to someone when they simply change their mind and decide to not follow a court order for support: consequences.

                The process with maintenance enforcement agencies allows for debtors to make arrangements to catch up on their arrears. The alternative is wage garnishee (up to 40% of gross income in Alberta) and eventually loss of driver's license and passport.

                I agree there will likely be a 60 day gap until she sees money. Sooner everyone plays along and submits documents to MEP the better. A payoff is not having to deal with one's ex directly going forward.

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                • #23
                  Mep

                  So, I've been working with MEP to see what I can indeed have enforced and what I cannot. They will enforce the child support and a flat rate Section 7 for sports costs that was listed in the order.

                  Here's the new challenge: Divorce Order states that "both parties need to obtain the other party's agreement before incurring such expenses." I'm not sure why my lawyer wouldn't have stipulated Post-Secondary expenses specifically in the order, since one of our kids attends a US college (and was attending there at the time that the order was signed); I sure know better now. Anyways, at the time of the order, our child was attending college already and ex was paying the tuition, but less than 2 months after the order was signed, he refused to pay tuition. MEP cannot enforce the order (listing the pro rata shares that we should each pay) without his written consent) without written consent (which I don't have because he was originally paying the tuition!) Here are the 2 options that I know of and I would appreciate any advice...

                  1) Child Support Resolution at the law courts:
                  Process: provide full financial disclosure. other party is there, and a lawyer tries to mediate the costs.
                  Concern: I won't recoup the tuition I've paid out, and our child is only part-way through his degree.

                  2) Vary the Order:
                  Process: Can I do this myself and if so, why on earth would my ex sign it?

                  Help?

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                  • #24
                    I think theres a third option. File a motion for support including s7 expenses. This is what my partners lawyer said his ex may do. (He told us this last summer.)

                    If this is true, you would file the motion and request his portion of the post secondary costs.

                    This is just my view. Have you talked to a lawyer? Many now do hourly advice. Personally I think your ex is still responsible for a portion of the school costs. He may argue for a comparable Canadian university but those costs are still high and didnt you say your son got a scholarship?

                    Definitely speak to a lawyer!!

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                    • #25
                      I have no personal experience with this sort of thing. However, from what I can gather from what I've read on CanLii your ex will have to pay his proportionate share. I've seen where the 'child of the marriage' is deemed to pay a proportionate share of his/her own by way of scholarships/bursaries. Much depends upon the income of the parents as well.

                      A competent lawyer should have no problem getting this settled out of court. If you do go to court of course you would request client-solicitor costs for your trouble for something that is, to me, a no-brainer.

                      Can you simply call your lawyer and instruct him/her to clean up their mess? It sounds as though the wording in the order was not up to MEP standards - this is something which all lawyers are aware of under "practice notes" Alberta Rules of Court as well as info for lawyers on the MEP website.

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                      • #26
                        I've emailed my lawyer to see what she advises; it's quite frustrating that since both kids live with me, I'm the only one that would ever be initiating Section 7 expenses, and we had a known huge Section 7 expense, that the order would not have been written to address this exact situation that I now find myself in! So, is a "varied court order" and a "notice of motion" the same thing? If ex walked away from his lawyer bill (didn't pay it) so my lawyer finished everything, I'm assuming that he won't have a lawyer so the documents would just get served to him directly, and he can choose to represent himself or not? My best understanding is that all documentation is supplied ahead of time, and we are just there to answer any questions the judge has?

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