From what I understand you ask for the court to make your existing payment into a court order, which is then enforceable by law when you are abroad under the reciprocal maintenance order agreement program.

It is my wife that will be applying for immigration, I will be a dependant - so not sure what that means in my case, and you are right there is not much information about this.

My wife has applied for a job, if she gets it I will be making official enquiries very quickly and I will post results here.

I would imagine if you change a CSA order to a court maintenance agreement you should not have a problem, at least that is what I hope. I am note sure about this letter thing, it seems silly and lets face it you could fake it. A court order is a legal document which should be easy to check plus is enforceable in Canada.

Hi There and thank you for replying so quickly.

My maintenance is already done through the courts and I have been paying for 7 years and have been divorced for 7 years.
This letter thing as you say is ludicrous as why should my ex of 7 years ago have any say at all on my future & if I asked her she would probably tell me where to go anyway lovely co-operative person she is…NOT!!

I can’t see how there can be a problem if I have a court order ordering me to pay a set amount on a certain date every month, I have an Army pension going into that account and a standing order going out every month 7 years of bank statements maybe even a letter from my solicitor saying I have never defaulted on a payment how this all together can’t be enough for the Canadian Immigration services…but you try asking them a question it’s absolutely impossible & that’s if you can even get hold of them.

The letter from the Ex has been mentioned to me before and the following came from one of the immigration consultants who help you with the immigration process:

Hi

all you need is to write a letter to your spouse that you will be paying the agreed child maintenance
and a letter from your spouse that she accepts the fact that you are finding a new home in Canada.
Best regards


YES that’s great but what about if she can’t stand the sight of you she is hardly gonna help you is she.

Anyway mate I have emailed the CIC AGAIN to see what they come up with and I’ll let you know what they say if they ever reply.

Failing that we are going to the Expo on the 3 – 4 March at Sandown so there must be someone there who can help.

Cheers for now

Scott

I don't know about Alberta but if you lived in Ontario and voluntarily gave up work you, or your wife, would still be liable for the support payments. I think the risk here is to your wife's employment prospects, an employer is not going to want to deal with an order against the wages of a new employee, perhaps even less so if that employee is a cop. You need a deal with the mother, how about you put say ten years worth of payments in some sort of trust fund?

Wow, wow, hold up I already pay automatically from my bank account and have no intention of stopping paying or being unemployed if I move to Canada.

I am just looking for how this needs to be done legally for the immigration process, I was mentioning that I would be the dependant on the application thinking out aloud if that makes a difference.

It seems to me that your being the dependent might make a difference. It might make your wife liable for the payments if she isn't already.

Wife has no legal obligation to the payments, it's nothing to do with her.

I suppose it could fall to her with regard to immigration if that is what you mean, but there is very little info on this.

It is very much something to do with her under the laws here. Her income and yours are both used to calculate payments and any improvement in either income can be grounds for an appeal to increase the payments. You really want to reach an agreement with the mother before moving to a litigation friendly and custodial parent friendly jurisdiction.

That is plain stupid!

How / why on earth should my wife support my child with another woman!

At least in the UK I could pay less if I was deemed to be supporting my wife, not more in any circumstances.

Much of the 'law' in Canada is. (But then again there are stoopid laws in EVERY country if you want to look for them)

The courts here take the view that your decision to take up with a new wife should not be at the expense of your first family; they try to put the best interest of the children first.

Support is determined based on your circumstances and, if you live with someone who works, you are better off than if you do not so taking a second wife, at least one who has an income, is an expensive option.

Still, one imagines support for one child at the level demanded by the courts is pretty much dick anyway, it shouldn't hurt to pay that.

I don't want to seem to defend Canada's laws, there are far too many and most of them are ill considered. However, that does makes sense to me. The father does improve his income by taking up with a woman who has a job and so the child should benefit, just as if he got a better job.

Sorry dbd, I wasnt actually saying that particular law was plain or stupid. (I am tempted to agree with on the issue of the child benefiting). I was merely expressing a view that Canadian Laws can appear extremely stupid (and nanny-like).

Oh yes!

My bloke's lazy ex <insert very strong derogatory expletive>wife (who has sat on welfare for four years, turned down countless jobs, defrauds the system, but has thankfully latched onto an inadequate female deprived male in Northern BC), has just done precisely that. I work full time with five kids and own my home, under a mortgage of course. She has just applied to the court for a "lifestyle comparison" and wants an increase in already extortionate child support because I have a better standard of living than her!! She is pregnant with the new blokes kid, her other two kids are both school age and she now expects me to pay for her to stay at home with this one as well. She has never worked a day in her life and has no intention of doing so. The system here is utterly stupid. My ex pays child support sporadically and pays way under the actual amount he should pay. I can do nothing as the FMEP are as useless as the CSA and because i work I cannot get legal aid. Your wife will support the ex over here, whether she wants to or not. Her income details will be court ordered if she refuses to provide the details like I did.

Just thought I'd let you know what we did...

My hubby doesn't pay thought the CSA but CIC wanted a formal letter stating that he would continue child payments so we went to a solicitor here and did one, the solicitor notarized. Hubby's ex also agreed to a couple of lump sum payments a year at a slightly reduced rate to what we were paying as I wasn't earning - basically my full time job in UK covered mortgage and child support after doing a CSA assesment on my hubby based on his earnings and outgoing in UK we found out he was paying more than double what he should have been for 3 years His pregnant divorce solicitor was obviously CRAP!

As for my dealings with the CSA the biological father said he wasn't, refused blood tests - CSA dropped the case and he has never paid a penny - good in one way we didn't have to get permission from the plonker to remove his child from the country - some things happen for a reason not matter how hard it may make life whilst it's hapening!