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    Mirna's Avatar
    Mirna Posts: 3, Reputation: 1
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    #1

    May 15, 2008, 04:34 AM
    Child Support enforcement overseas
    My husband left the family in August. Me and my 2 children are leaving Canada to go reside overseas. So far he has religiously deposited his child support every month. There is no legal agreemet, just verbal. How can I enforce his responsibility for continuing to make these payments in my canadian bank account from overseas? Can I do this through the Canadian Embassy? Thaks.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #2

    May 15, 2008, 06:50 AM
    Quote Originally Posted by Mirna
    My husband left the family in August. Me and my 2 children are leaving Canada to go reside overseas. So far he has religiously deposited his child support every month. There is no legal agreemet, just verbal. How can I enforce his responsibility for continuing to make these payments in my canadian bank account from overseas? Can I do this through the Canadian Embassy? Thaks.

    You would need a Court Order - once you are overseas you cannot enforce a verbal agreement.
    Mirna's Avatar
    Mirna Posts: 3, Reputation: 1
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    #3

    May 15, 2008, 08:22 AM
    Yes, so that means that I would have to get a lawyer overseas. That's fine, so can I work this through the Canadian Embassy? That's my question...
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #4

    May 15, 2008, 10:29 AM
    Quote Originally Posted by Mirna
    Yes, so that means that I would have to get a lawyer overseas. That's fine, so can I work this through the Canadian Embassy? That's my question...

    Work what through the Canadian embassy? An order for Child support? No, that's a matter for whatever Court handles family matters/divorce/support/custody in your area. The Canadian Embassy does not try cases nor make findings of fact.
    lawanwadee's Avatar
    lawanwadee Posts: 3,653, Reputation: 124
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    #5

    May 15, 2008, 10:46 AM
    Quote Originally Posted by Mirna
    Yes, so that means that I would have to get a lawyer overseas. That's fine, so can I work this through the Canadian Embassy? That's my question...

    The embassy does not really "help" with these matters.
    To establish child support order overseas is expensive and take very long time.
    The best bet is to get court order in Canada, once you have it, enforcing from overseas will be much easier.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #6

    May 15, 2008, 06:20 PM
    No before you go over seas you will need to hire an attorney in Canada and arrange for child support to be ordered though the court.
    It should have been done that way from the beginning.
    smoothy's Avatar
    smoothy Posts: 25,490, Reputation: 2853
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    #7

    Mar 18, 2010, 10:58 AM

    Plus... he can file to PREVENT her from taking the kids out of the country... it restricts his visitation rights... A divorced or separated parent can usually prevent the custodial parent from moving an extreme distance in many cases. As in many cases that choice is a punitive one... not a necessary one.

    Might be opening a can of worms if she tries to force child support when she plans to essentually flee the country with the kids.

    Not taking any sides here... but I can see possible issues.


    And sorry... I responded to a thread that's over 2 years old... my bad.
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