ex moving to Canada - child maintenance?

lix75

I live in London with my child. My ex moved out several months ago and has been paying a set amount child maintenance each month (which is a third less than the 15% amount CSA would enforce). I didn't contact CSA yet as I thought I would give him more time to reconsider.... So all this is between us, no agreement just verbal.

He's now telling me that he will be moving to Canada in June and will stop payments altogether soon. Now, I read some stuff online and it appears that there is an agreement between UK and Canada and he would be liable for payments, but not through CSA.

Any advice going forward? Should I bother contacting CSA first here, at least enforce payments until June? Do I need the CSA assesment when I go through the REMO process?

Also, all the three of us - me, ex, child - have dual citizenship Canadian and another EU country (not UK). The child was actually born in Canada when we were living there. Does that make any difference whatsoever - in the amount to be paid or otherwise? Am I better off trying to apply directly in Canada for child maintenance, is it in any way easier than going through REMO here? By easier I really mean cheaper as I don't have any money for solicitors, court fees, stuff like that.

Any advice is greatly appreciated.

HoneyNutLoop

As the CSA has no jurisdiction in Canada, I'm not sure there would be any benefit to you pursuing that avenue. It depends on if he has stopped the payments now, and how sure you are that he is actually going to go, as to whether it is necessary/worth it.

There is one big thread on here about REMO and a variety of smaller ones. I recall a post from a lady recently that was specifically about her experience with the Canadian child support system, but unfortunately I do not recall her name.

It would appear from here: http://www.justice.gc.ca/eng/pi/fcy-fea/sup-pen/index.html
that there are both federal and provincial guidelines about child support amounts, and which is used is dependent on your marital status with the NRP and what province has jurisdiction.

However, FAQ number 8 here: http://www.justice.gc.ca/eng/pi/fcy-fea/faq/cs-pae.html#cs-pae8
would suggest that the Canadian authorities would only determine the calculation if you were divorced in Canada. As that doesn't seem to be your situation, the guidance is that you would get a court order for child maintenance here, and then under REMO you could apply for it to be enforced in Canada if it wasn't paid. So it would seem your first step would be to apply to the courts here for a maintenance order.

lix75

Thank you, we were never married. I think I read somewhere that -if I wanted to apply in Canada- I would have to go through the provincial courts and rules, not the federal ones. Ontario recognizes common-law relationships although I'm not sure of the implications on child support. I don't need any spousal support, all I really want is make sure that my child is getting the amount entitled to by law.

Probably getting the maintenance order here and then using REMO is the least costly... I'm really trying to avoid solicitors and other costs as I can't afford it.

I think I'll only go to CSA only if he doesn't pay while still here... (unless CSA is needed for REMO which I don't think it's the case).

Now I have to look into what getting a maintenance order entails.. I was hoping not to have to go through any courts.

lix75

okay I just found this below, I can't post the link as I'm a new user... looks like definitely provincial laws apply to my case - if I were to apply through Canadian courts.

if you are not married to each other:

provincial or territorial child support guidelines apply to you.

HoneyNutLoop

The FAQ's I linked to above are only about child support, not spousal support:
8. How can I get child support from a person who lives in Canada if I live in another country?If you divorce under Canada's Divorce Act, you can request a support order from a Canadian court. In this case, you should seek legal advice or contact the ministry responsible for family law in the province or territory where the other parent lives to find out how to apply for a support order in that province or territory.
Otherwise, you would generally need a support order from a court in your country.
Once you have a support order from a court, you or child support authorities in your country can contact authorities responsible for enforcing international support orders in the province or territory where the other parent lives.

I think the bit you were reading from the first link:
Provincial or territorial child support laws would be used if you and the other parent were never married to each other or if you were married but are only separating (not getting a divorce). Most of the provincial and territorial guidelines are a lot like the federal guidelines. You may wish to contact your provincial ministry of Justice for more information.
only applies if you live in Canada.

I am not an expert, but the Canadian guidance seems to imply that you cannot apply through their courts for the initial order about how much should be paid, but you can apply under REMO to enforce payment of a UK court order over there.

As I said, I am not an expert so that could be completely wrong. Really only someone who has been through the process whose situation is the same as yours, or a qualified solicitor could give you advice that you can rely on to be 100% accurate. The best you can do is read, read, read, and speak to any official sources that you can. You don't have to hire a solicitor to apply to the courts in the UK for a maintenance order, but you will likely have to pay court fees.

lix75

Thanks, the bit I was reading is from a different link that I can't post because I'm not allowed to post links. It states that if one of the unmarried parents resides in Ontario, then the application can be made in Ontario directly (but you're right the REMO process seems easier, I don't need solicitors, only a court hearing). Funnily enough it appears that - as unmarried partners with a child - I would also be entitled to spousal support, but I'm not going to bother about that one. I only want my daughter to get the minimum entitlement - I think I owe her to try get that.

I've been also thinking a bit about the currrent situation where ex pays two thirds of the 15% amount he should be paying and I'm now thinking about CSA - especially in light of his recent threats that he will stop paying altogether. He's making really good money and doesn't have any debt or other kids or partner, and we, on the other side, live on the edge, disposable income is almost nil... I'm currently debt-free but also have no savings, any unexpected expense will put us in red right away.

Yes I'll do my research. I want to make some phone calls too, but have to make a list of unanswered questions...

Read the forum back a bit and found the name of that user who posted the Canadian case, I contacted her. Thanks for mentioning!

PlayingHardball

I'm sorry but haven't had the time to read through all the posts other than your first one. Initially my thoughts are to apply via the CSA for an up to date assessment while the father is still in the UK. That assessment could be helpful for you in the future (i.e. if you need to show the Canada REMO process what his UK earning potential was)

If you go down that route, I wouldn't give him the heads up, just in case he could make arrangments with his employer to make his earnings see less then they are (it is known)

Hope that helps

lix75

Thank you! The other question left unanswered is related to the maintenance order, from what I understand I can start the REMO process without one, and rely on the Canadian courts to put together one?!

Or am I better off getting one here? - in this case how long is the process and how costly?

I called CSA and they confirmed that amount that ex has to pay currently is £150 higher than what he pays now. I didn't make a claim, need more info on the implications on the REMO thing before I do..