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Financial Issues This forum is for discussing any of the financial issues involved in your divorce.

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  #11  
Old 04-19-2015, 08:11 PM
rockscan rockscan is offline
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JCL, definitely contact someone at MEP if your order outlines what is in the first link Arabian posted. You may be all set to just file everything without a motion.
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  #12  
Old 04-19-2015, 10:54 PM
JCL JCL is offline
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Yes, it's on my "to do" list to call MEP tomorrow. I sent an email to the ex today (after no communication since he decided to quit paying months ago) explaining that this will be moving forward to court, and I pointed out some key points that I wanted him to consider: currently pay 1/3 of tuition when Divorce Judgment stipulates proportional percentage, which is more like 53% for his share. Tried to point out that 33% and no legal costs (our agreement has the stipulation that the "breacher" pays costs) is better than court costs and 53%. He answered back that he wants to go to court to "show the inequity" between our 2 children (other child goes to local university, will likely go away for grad school to where she gets accepted, has a vehicle, lives with me, etc.)and also argued that he didn't really have a role in the decision to send him, and wants to go to court to explain that to the judge and that the student debt our son will have is horrible (only point we agree on) and that I made all of the decisions, and he (the ex) has no voice, etc. etc.

My understanding is that if the motion is put forward, it will be a short duration with the judge who basically looks at the Divorce Judgement, my affidavit of what's owing, and then (hopefully?) an order for arrears is made that then goes to MEP for collection? Is that right? I think the ex thinks he's going to "get his day in court" (still won't tell me who his lawyer is; he walked away from last lawyer when he didn't want to pay the bill, so I had to CounterClaim to get this over with-so I'm assuming he will self-rep?) and that an autopsy will be done on the entire marriage in front of the judge? What can I expect to happen once the motion is filed and I get to court?
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  #13  
Old 04-19-2015, 11:01 PM
JCL JCL is offline
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Divorce Judgment says that we split Section 7 expenses on a pro-rata basis, and then lists the 2 percentages. Asks for reasonable notice and other party's agreement before incurring. Person can't reasonably withhold his/her amount payable, and pay 30 days from receipt of the copy of the expense. Also says that amounts under the order are to be paid to MEP.

Hope this is good enough for MEP?
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  #14  
Old 04-19-2015, 11:05 PM
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If its in your order already you should just be able to file with MEP correct? I thought you had said that you both had agreed on the out of town school? If so, why the need for you to file motion? It should just be filed then he can deal with getting it stopped.

Im thinking it will be extremely difficult for him to gain any sympathy from a judge on this. You both agreed on an educational path for your son. You didnt wake up one day and say "lets screw dad and send you away". Its a progressive sports track that saw him accepted to a program he has the talent and history in. Plus, its an apples/oranges situation with kid 2. Shes in a different program and made different choices. He cant compare the two decisions. You both PLANNED for your son to pursue this sport.

I also find it comical hes arguing that this decision means more debt for his child. HIS decisions mean more debt for the poor kid.
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  #15  
Old 04-19-2015, 11:11 PM
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Quote:
Originally Posted by JCL View Post
Divorce Judgment says that we split Section 7 expenses on a pro-rata basis, and then lists the 2 percentages. Asks for reasonable notice and other party's agreement before incurring. Person can't reasonably withhold his/her amount payable, and pay 30 days from receipt of the copy of the expense. Also says that amounts under the order are to be paid to MEP.



Hope this is good enough for MEP?

I think post secondary is not subject to the "reasonable consent" rule. Its like a medical expense--it happens whether you like it or not. School is not akin to summer camp. A parent cant say no.

Talk to MEP about filing. You will probably file an arrears statement based on the % in your agreement. Hes screwed himself because from the sounds of it hes going to incur major legal costs just to lose. You gave him a chance to pay less than whats ordered and he said no. Now you file the order and get some help.

Let me know if Im wrong about how MEP works though. From what Arabian posted you can file your agreement as it stands. Not sure why you would need a motion or court from your end. If he wants to fight the order, I think he would need court.
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  #16  
Old 04-19-2015, 11:13 PM
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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  
Old 04-19-2015, 11:28 PM
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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  
Old 04-20-2015, 12:28 AM
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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  
Old 04-20-2015, 10:46 PM
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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  
Old 04-20-2015, 11:18 PM
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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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