Are you a member of Alberta’s legal community who handles the preparation of child support orders? If so, did you know that the Maintenance Enforcement Program (MEP) has changed how it enforces select types of section 7 expenses?
These changes were made as a result of feedback from the courts, the legal profession, and clients.
The new policy affects expense claims processed by MEP only on or after May 16, 2016, regardless of when the claims were received by MEP. It does not affect any expense claims added to a MEP file prior to May 16, 2016.
The change doesn’t affect you if your court order or agreement
sets an amount for expenses or specifies what expenses are payable.
Changes
MEP will no longer enforce percentage or proportionate share of expenses unless:
- the type of expense is clearly stated in the court order or agreement, or
- the parties agree on the expenses to be shared.
As an administrative program, it is not MEP’s role to determine what expenses are reasonable and necessary for a family. MEP will continue to enforce orders that set a specific amount for section 7 expenses, or allow for proportionate shares of clearly specified expenses. MEP will no longer enforce general section 7 expenses, unless the parties agree to specific expenses in writing.
Find out more about what is considered to be too general for MEP to enforce.
Q & A
Here are some key questions we asked Miyo Bly, Family Support and Order Services (Alberta Justice and Solicitor General), regarding these changes.
Why is it important that I know about these changes?
We want the Alberta’s legal community to be aware of this change when preparing child support orders, so that clients can avoid the extra step of completing MEP’s Section 7 Expenses Agreement form or initiating further court action. We also want the Alberta legal community to be aware of the reasons that MEP may stop enforcing their client’s non-specific section 7 expenses, and the options available to ensure enforcement of specific section 7 expenses.”
How will changes to the S7 Expense Policy affect my practice?
When an order term is not specific enough for MEP to enforce, MEP will request they complete a Section 7 Expenses Agreement. If parties cannot agree on the specific expenses, MEP will advise parties to have their court order changed to clarify their Section 7 expenses. MEP is expecting an increase in the number of people asking for legal advice and initiating legal action to have their child support order changed.”
What do I need to do?
MEP prefers that parties submit a completed Section 7 Expenses Agreement Form signed by both [parties], but where this is not feasible, MEP will attempt to facilitate agreement by forwarding the agreement completed by one party to the other. The second party may agree or reject any or all of the proposed expenses listed in the draft agreement, and return a signed copy to MEP.”
Contact
If you have questions, please contact MEP at 780-422-5555 (toll-free in Alberta 310-0000) and select the Program’s lawyer line.
