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Canadian vs US child support

Discussion in 'Divorce Mediation' started by Braceletmaker, May 4, 2018.

  1. Braceletmaker

    Braceletmaker Law Topic Starter New Member

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    My husband has been in the US since 2008. He is Canadian, now a US citizen. He has an 11 yr old daughter w his ex wife, a Canadian. He has been paying child support in an amount they agreed to for years. His ex does not let him talk to or see his daughter at all. She has also had him pay for a child that is not his. 100% not his. He has an attorney in the US. Canada is now wanting his tax records and for access to his Canadian 401k which was not discussed in divorce papers. The mother has also tried to change the daughters last name to her now husband’s name. My husbands attorney now says he has to pay another $325 a month and that he is 5 years behind. He has paid all support due and it is taken from his check and he has a written agreement from the ex. What do we need to do to get this fixed? This has been a huge nightmare. We are not getting anywhere and it has been going on since we married in 2013. How can the ex not allow the father to see or speak to his daughter when he pays support every month. How can she change the daughters name without
    Permission? How can she expect him to pay support for a child that is not only not his, but is also 18 yrs old now? How can we get to see and speak to his daughter? We have had 3 different attorneys already. Please help!
     
  2. KatDini

    KatDini Well-Known Member

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    If this is taking place in Canada, your husband needs an attorney in Canada. This forum deals (for the most part) with US law.
     
  3. zddoodah

    zddoodah Well-Known Member

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    I assume that he and his ex-wife are divorced and that the divorce took place in Canada. Correct?

    I assume this is something that was part of their divorce. Correct?

    Well...what does his divorce decree say about this? Does it provide for no visitation/contact? How long has this been going on? What efforts, if any, has he made to enforce his right to visitation/contact?

    What does this mean? Does it mean that the divorce decree provides for child support for both his child and the other child that isn't his? How did that happen?

    "Canada" wants these things? Canada is the second largest country in the world, with a population of more than 35 million. Who exactly in Canada wants these things? Note that I'm not looking for a name, but rather the name of the agency that wants them or the title of the person who wants them.

    Well...either you're wrong or your husband's attorney is wrong, and we obviously have no way of knowing which of you is right/wrong.

    Since we know nothing about what exactly the problem is or whether it's something that's fixable, we obviously have no way of knowing. I would hope it would go without saying that your husband's attorney would be a good person to whom to direct this question.

    We have no information about this situation other than what you've shared with us, so we obviously have no idea how she is doing this. That said, payment of child support and the right to visitation are completely different things.

    Who says she can? You told us that she "has also tried to change the daughter[']s last name," which implies that she wasn't successful. In any event, it is unlikely that anyone here will know anything about Canadian or Ontario law in this regard.

    The bottom line here is that no one on this or any other message board is in any position to assist your husband with his Canadian legal issues without having reviewed all the relevant paperwork relating to the divorce.
     
  4. Braceletmaker

    Braceletmaker Law Topic Starter New Member

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    My husband lives in the US. His ex lives in Canada. He got divorced after he was in the states. His attorney is in the US. She and her attorney are in Canada.
    I have the divorce papers. There is nothing regarding the child that is not his. There is nothing about no contact with his daughter. And there is nothing about her receiving any of his pension or otherwise. I was simply asking for direction. Thanks for the advice.
     
  5. hrforme

    hrforme Active Member

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    If he failed to disclose his pension (at least in the USA), that can mean big problems and probably the fact that he will owe some portion of it to her now-- especially part of what he earned while still married to her. There should have been something in the divorce paperwork about what the pension was worth and the fact that she got nothing (if somehow that was agreed upon at the time). If it was not mentioned and not considered in the split of assets, he's going to be on the hook now (it will look like he tried to hide assets).

    Now i don't know Canadian law (and heck each province might be different), but i suspect there would be the same type of issue there. It looks like at least Ontario has some spousal pension protection laws. But there should have been SOMETHING in the divorce papers on it.

    He really needs to seek the help of a Canadian lawyer.
     
  6. army judge

    army judge Super Moderator

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    The divorce of a Canadian citizen (residing in Canada) by a US citizen (even a Candian citizen) might not be legal.

    There would likely be issue about child support and custody, too.

    Suffice it to see, someone needs two lawyers, one in the USA and one in Canada.

    This is a very complicated issue.

    Furthermore, you would help yourself and hubby by not commingling any monies or assets you hold until this mess has been rectified.
     
    hrforme likes this.
  7. zddoodah

    zddoodah Well-Known Member

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    Then you might want to explain your statement that his ex-wife "has also had him pay for a child that is not his." If the court didn't order child support for this other child, what do you mean by this?

    Ok...does it provide for visitation? If so, then he needs to seek to enforce that right.
     
  8. Braceletmaker

    Braceletmaker Law Topic Starter New Member

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    She has a daughter from a previous relationship before the marriage. My husband is black. That child is white and he married her mom when that child was 11. She is now 20 and the ex still wants child support. There is nothing in the paperwork other than her written request for child support and alimony. This has gone on for 10 years. He has tried to have contact and visit unsuccessfully as they do not answer his calls and make plans when he is in the country. The US courts and Canada courts are not communicating with one another. We have all the phone records and receipts for child support paid. He is meeting with his attorney tomorrow.
     
  9. Braceletmaker

    Braceletmaker Law Topic Starter New Member

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    There is only her writing saying at her discretion. He did not sign anything other than agreeing to the divorce.
     

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