Unsure about whether to get REMO on my ex or not.

Charliuk

Hi Guys

Long story short...

My ex moved out to Canada in october 2008. He left his 3 children and has only seen them once for a few hours in June last year. Irregular contact with them. None of the video chats and newsy emails he promised them. My 12 old is of the opinion that he doesnt care and never really loved us anyway

He didnt pay any maintenance for the first 8 months, but then emailed to say he would pay £60 a week by western union. This was fine until I pointed out that I was losing out on 5 weeks months as each payment was only £240.

He then offered an increase to £260 which covered all 52 weeks at £60. Its not much, but he was making an effort so I was fine with that.

April last year saw me paying in a cheque from him. And then late may he tells me he is coming back for a week and will give me some money when he arrives. He came over, demanded I drive him and the children over town. In between he walked their legs off as there was nowhere he could take them so they just walked the streets after school. Petrol money was offered but never paid. Before he flew back to Canada, he told me he would have to send the money when he got home as he was still waiting for a cheque to clear. We are into July now and still no payment. The cheque hasnt cleared because he accidently had it cancelled! (This was the cheque that apparently paid for his visit over here)

Anyway. I eventually get payment in July, which had gone back to the £240.00. So this makes it mays payment. Another payment at the beginning of August Which included £30 for each of the childrens birthdays (which arent in august). But the payment came through for £330. So the maintenance payment was actually £240 again - this was Junes payment. ( Are you keeping up with this?) Next payment was Sept, £240 so thats August. Oct £240 for Sept , Nov £240 for Oct. December £230 for Nov. So he is one month behind and at least £20 short each month. He says he is nor behind any payments, and never answers my emails about the payment should be £260.

Last week, He mails to say he cant contact the children as he has to work in another area of Canada that doesnt have a Western Union, so I will have to wait till he gets back for the money.

I replied pointing out that he needs to send it before he goes then as I have budgeted for the money and its due on the 14th. I reminded him of the arrears, and also of the £40 football boots he asked me to get my daughter and he would pay me back which he still hasnt!

I am thinking that if I dont hear by Friday I will go the REMO route as I need to know how much and when I will be getting money as it throws me out completely when its less, or late. But I also know I am lucky to get anything.

He is in the process of applying for permanent residency, which he also has to include the children. I have to run them around to photographers and doctors etc... (not unless he pays for it first).

My train of thought is this. It could go one of two ways.

1. The REMO will affect his residency application and it will be refused. He will then come back here and muck the kids heads up again.

2. He wants this residency so much, that he will just pay up. He cant say he has no job or there would be no residency anyway.

What do you all think? Thats if you have reached the end of this!!!

DUTR

Charliuk wrote: »

Hi Guys

Long story short...

(snip)

My train of thought is this. It could go one of two ways.

1. The REMO will affect his residency application and it will be refused. He will then come back here and muck the kids heads up again.

2. He wants this residency so much, that he will just pay up. He cant say he has no job or there would be no residency anyway.

What do you all think? Thats if you have reached the end of this!!!

Just apply for it, it takes time to resolve anyway.

Charliuk

Thanks DUTR. I think I will as I really do need the money now!!

Charliuk

I called the courts on Friday, and they said I had to put everything in writing to them, so that their legal advisor could decide the best course of action. I now have to wait to hear....

AnxiousMum

Charliuk - I'd be more concerned about the fact that he's applying for residency of the children in Canada to be perfectly honest with you! If he's working 'where there is no western union', then he's working up north likely, and if he's working up north, he's being paid very handsomely - no matter what the job is!
Secondly, why is he paying the extortionate western union fees, when he can transfer to your account electronically? Canadian banks will no longer set up regular payments just to go out on the first of the month to an international account (due to money laundering rules introduced a couple of years ago), but at least by sending it electronically from his bank, which he'd have to do in person each month, you'd be getting a better exchange rate, less fees etc.
Go through REMO - do you know what province he lives in? What is his income? Have you looked at the guidelines to determine what he should be paying (go by Canadian law as that will be what is enforced).
My ex is currently paying $561 for one child per month - which equates to about £350-360 per month depending on exchange rate fluctuation - so....if your ex is up north, earning big bucks - I'm sure he should be paying quite a bit more than the £260 he offered you!
When you go for REMO - go by Canadian child support laws - as it will be alot easier to have enforced through the FMEP who don't take sh*t from anybody They are extremely competent and will ensure that your children are provided for.

Charliuk

Thank you!!!

He is in British Columbia with the rest of his family who emigrated there.

I have no idea what he is earning and REMO advised me right at the beginning of this that if I was getting something then it was best to leave well enough alone as they may well drop the amount I was getting.

He is a dry waller so I am pretty sure that his earnings will be quite high still though not as high as it was here.

I just want him to put the children first, which he is not doing by abandoning them.

As for the residency situation, I was very concerned at first, but I have no choice. If I say no, then I can have a court order slapped on me. Or worst case scenario is that he gets turned down and thrown out of the country. He will make me suffer even more if he comes back as he hates to be apart from his beloved brothers!

Roy_G_Biv

Charliuk wrote: »

He is in British Columbia

You can make an application to the Department of Employment and Immigration, they have a walk in office in East Vancouver, explain your position and they will send you a child maintenance form.

Rules are different in BC so be careful how you answer the questionaire. A claimant PWC whose circumstances as a single parent are self-inflicted cannot claim money from the other parent.

Department of Employment and Immigration, 1205-595 Howe Street, Vancouver, BC V6C 2T5, Canada, 001 (604) 685-3530 GMT -08.00hrs

AnxiousMum

CharliUK - um, don't know why you are being advised to walk into the office in East Vancouver.....lol - if you've ever been in East Van you wouldn't want to believe me! (actually just looked at the address 595 Howe - it's in Vancouver city, not East Van)

You don't apply in BC, you apply here through the Magistrates Court. You have a hearing here, they make a provisional order, it goes to the Provincial Court (unless divorced and then it goes to Supreme Court) where they either agree or disagree the amount payable. It is then registered in the courts there, or sent back here for resettlement on the amount. THAT is why it is best for you to have it done by BC rules - they will approve it - in fact, they have to approve it unless there are some hardship rules (available on their website) then there can be no deviation from the guidelines.

Once the document is registered, you then forward copies of all past agreements etc. to Family Maintenance Enforcement Program in Victoria they register the order and it is then enforceable in BC. In order to get any enforcement in place, it needs to be registered in a BC Court.

It does take time, mine took about a year through the courts, two months to get registered with FMEP in Victoria, now handled by the Vancouver office. If you look at the guidelines for FMEP and enforcement action they say they will take, in my case they have taken each action ON the day - ie 30 days after registration we will do a property search and register a lien on any owned proper, 30 days after registration we will intercept all federal funds - and in my case they have done just this.

In all honesty - if you are a PWC, then you couldn't ask for a better system to be dealing with.

Feel free to PM me

AnxiousMum

Charli - have just had a look at the guidelines for BC - if he is paying, or has promised to pay you - £260 per month (roughly $400 CDN) then that would be the amount ordered by a BC court if he was earning only $19,000 CDN per year. If he's a drywaller, and working up north, there is no way that he is only earning that much - he wouldn't be able to afford to eat!

My guesstimate is that he would need to be paying at least twice that much per month.

You could always ask for an order that is what he has offered to pay - he might be agreeable to doing that, and chances are, when it went to court in BC the judge would order more - as he would have to make full disclosure of income. Or, when you went to court here, you would have his financial paperwork - and could ask for it to be amended to a proper amount once you have full disclosure of his finances.

If he's only earning $19,000 per annum, and has told them he has three children to support - he won't get residency based on that, as he wouldn't be able to provide for them without government help.

Also, once you have a BC order, you are required by law, to receive a copy of final tax returns each year, so that if there is a significant change, either party can apply for a variation.

Roy_G_Biv

AnxiousMum wrote: »

where they either agree or disagree the amount payable

Im not sure thats entirely accurate, the final decision is always made by the Canadians ,and in dollars.

Roy_G_Biv

AnxiousMum wrote: »

he won't get residency based on that, as he wouldn't be able to provide for them without government help.

Im not sure thats accurate either, othewise a parent can claim residency on the basis the other parent cannot support the children without government help.