Sorting Child Support payments to UK
#46
Thread Starter
Just Joined
Joined: Nov 2006
Posts: 15

Maybe on the Canadian side they are not that generous then?
BTW I was never married to this woman, she claimed she was on the pill - even admitted this to the CSA!
My sister has 2 kids and she says she wishes she had £280 a month to spend on them!
#47
What do you current pay in spousal support? That's another difference, in Ontario (and probably the rest of Canada) a man who enters into a marriage or common-law partnership has an obligation to maintain that partner even after the marriage/partnership ends (the laws are worded reciprocally but only to accomodate role reversal, there's an implied assumption, in family law and in the tax code, that one partner works and the other keeps house). It's possible that the mother of your child could have a claim against your income (including your wife's) on her own behalf.
The good news is that it's pretty easy to duck and run from the law, the bad that the police are not supposed to do that. I think you absolutely need a release from the mother, some binding agreement negotiated between you.
#48










Joined: Apr 2005
Posts: 9,606

In the UK I currently pay £280 a month, that's around CAN$650 - that is a lot!
Maybe on the Canadian side they are not that generous then?
BTW I was never married to this woman, she claimed she was on the pill - even admitted this to the CSA!
My sister has 2 kids and she says she wishes she had £280 a month to spend on them!
Maybe on the Canadian side they are not that generous then?
BTW I was never married to this woman, she claimed she was on the pill - even admitted this to the CSA!
My sister has 2 kids and she says she wishes she had £280 a month to spend on them!
#49










Joined: Apr 2005
Posts: 9,606

I suppose it's a matter of opinion but $650 isn't enough to pay for daycare so the custodial parent can work. It isn't enough to keep an older child at university. It certainly isn't enough to feed, house and clothe a teenaged child who is at school. And it doesn't even cost the payer $650 because there's a tax break on it. In my opinion it's a pretty minimal contribution.
What do you current pay in spousal support? That's another difference, in Ontario (and probably the rest of Canada) a man who enters into a marriage or common-law partnership has an obligation to maintain that partner even after the marriage/partnership ends (the laws are worded reciprocally but only to accomodate role reversal, there's an implied assumption, in family law and in the tax code, that one partner works and the other keeps house). It's possible that the mother of your child could have a claim against your income (including your wife's) on her own behalf.
The good news is that it's pretty easy to duck and run from the law, the bad that the police are not supposed to do that. I think you absolutely need a release from the mother, some binding agreement negotiated between you.
What do you current pay in spousal support? That's another difference, in Ontario (and probably the rest of Canada) a man who enters into a marriage or common-law partnership has an obligation to maintain that partner even after the marriage/partnership ends (the laws are worded reciprocally but only to accomodate role reversal, there's an implied assumption, in family law and in the tax code, that one partner works and the other keeps house). It's possible that the mother of your child could have a claim against your income (including your wife's) on her own behalf.
The good news is that it's pretty easy to duck and run from the law, the bad that the police are not supposed to do that. I think you absolutely need a release from the mother, some binding agreement negotiated between you.
Tell me more about this tax break. I've never been able to get the child maintenance knocked off my tax bill.
#50
I'll know more about it when next I see the accountant. However, while the spousal support deal was being hammered out the lawyers and accountants were much preoccupied with the tax situation. I know I'm going to be deducting the payments because they grossed up the support amount and my ex had to agree not to work so as not to bugger up the calculations. It may only be alimony that's deductible though; I'll not be paying child support.
#51










Joined: Apr 2005
Posts: 9,606

I'll know more about it when next I see the accountant. However, while the spousal support deal was being hammered out the lawyers and accountants were much preoccupied with the tax situation. I know I'm going to be deducting the payments because they grossed up the support amount and my ex had to agree not to work so as not to bugger up the calculations. It may only be alimony that's deductible though; I'll not be paying child support.
#52
News when I have some. One big surprise to me was that there's a deduction for legal fees incured in negotiating support arrangements; I think it's only five grand a year but it's something.
#53
Forum Regular



Joined: Jan 2006
Posts: 202
From: Victoria BC











only allomony is taxable to the reciever so therefor you the payer can deduct it from your gross income before taxes are calculated and the receiver must add it to thier gross income to be taxed.
Island Girl
#54










Joined: Apr 2005
Posts: 9,606

In Canada court ordered child support is taxable to the payer and non taxable to the receiver. So you as the one paying can not deduct it from your gross earnings before taxes and the receiving ex spouse does not have to claim it as taxable income. This came into law in 1987.
only allomony is taxable to the reciever so therefor you the payer can deduct it from your gross income before taxes are calculated and the receiver must add it to thier gross income to be taxed.
Island Girl
only allomony is taxable to the reciever so therefor you the payer can deduct it from your gross income before taxes are calculated and the receiver must add it to thier gross income to be taxed.
Island Girl
#56
Hi Sorry to start this ball rolling again but I did post the below question & didn't get loads of info on it so I have come accross this thread which looks more helpful.
BTW ... I'm pretty sure if I ask my EX for a letter I'll ahve no chance.
What I will have by then is hopefully the maintenance orders sorted for payment up untill the kids leave further education and my Army pension will be paid into an account to cover this every month with proof of a standing order going out & also proof that I have never defaulted on a payment in 7 years......so wouldn't this be enough proof to the authorities to show I am paying the money surely she just can't stop me moving just because she want's to be spiteful an not write a letter common sense and proof must prevail...also if I did default she can go to court for the money to be taken from source from the pension.
Thanks ............... original question was as follows:
Hi
I have a quick question which will probobly produce many answers and suggestions...so here goes.
Put Simply:
I will be arriving in Canada Jan 2008 as a long haul driver. 6 months later - June 2008 - I can apply for Perminent Residency (PR).
June 2008 is when my son turns 17 and his court maintenance order ends but he will prob go onto to college so his mother will prob issue a revival order to the courts to get it extended until he finishes college at 19.
I have NO PROBLEMS WHATSOEVER in paying for maintenance let me get that clear.
What I want help and advice on is this:
If she issues a summons to the court for an extension of maintenance will this affect the application for PR and will it be rejected as I will not have any holidays in my first year of employment to spend flying back to court in the UK. Will the Canadian immigration services be informed of this summons by the UK courts....I'd rather just keep paying but she likes everything legal & black n white.
Any help / advice / suggestions / experiences on this and how to resolve it will be greatly appreciated.
*NOTE*
Im not trying to do a runner here I just want everything sorted and legal and my app for PR to go unhindered.....and a quiet life!!
Cheers Scott
BTW ... I'm pretty sure if I ask my EX for a letter I'll ahve no chance.
What I will have by then is hopefully the maintenance orders sorted for payment up untill the kids leave further education and my Army pension will be paid into an account to cover this every month with proof of a standing order going out & also proof that I have never defaulted on a payment in 7 years......so wouldn't this be enough proof to the authorities to show I am paying the money surely she just can't stop me moving just because she want's to be spiteful an not write a letter common sense and proof must prevail...also if I did default she can go to court for the money to be taken from source from the pension.
Thanks ............... original question was as follows:
Hi
I have a quick question which will probobly produce many answers and suggestions...so here goes.
Put Simply:
I will be arriving in Canada Jan 2008 as a long haul driver. 6 months later - June 2008 - I can apply for Perminent Residency (PR).
June 2008 is when my son turns 17 and his court maintenance order ends but he will prob go onto to college so his mother will prob issue a revival order to the courts to get it extended until he finishes college at 19.
I have NO PROBLEMS WHATSOEVER in paying for maintenance let me get that clear.
What I want help and advice on is this:
If she issues a summons to the court for an extension of maintenance will this affect the application for PR and will it be rejected as I will not have any holidays in my first year of employment to spend flying back to court in the UK. Will the Canadian immigration services be informed of this summons by the UK courts....I'd rather just keep paying but she likes everything legal & black n white.
Any help / advice / suggestions / experiences on this and how to resolve it will be greatly appreciated.
*NOTE*
Im not trying to do a runner here I just want everything sorted and legal and my app for PR to go unhindered.....and a quiet life!!
Cheers Scott
Also I have noted that when you apply for PR any dependant kids must have a medical even if they are not travelling to Canada with you...There is 500% no chance of my ex supporting my move, or writing letters, never mind taking the kids for medicals so what happens in this case...can an ex of 7 years ago wreck your move coz she is a bitter and twisted B***H
This is not because I will not pay as I have a signed affidavit from UK solicitors saying I will and as mentioned above the proof of constant payments (£450 for yer info for 2 kids) plus REMO can enforce it but will all this stack up with the CIC when applying for PR.
Cheers Scott
#57
Forum Regular



Joined: Jan 2006
Posts: 202
From: Victoria BC











Hi would anyone else like to comment on the above for me to help me out...it really would be appreciated.
Also I have noted that when you apply for PR any dependant kids must have a medical even if they are not travelling to Canada with you...There is 500% no chance of my ex supporting my move, or writing letters, never mind taking the kids for medicals so what happens in this case...can an ex of 7 years ago wreck your move coz she is a bitter and twisted B***H
This is not because I will not pay as I have a signed affidavit from UK solicitors saying I will and as mentioned above the proof of constant payments (£450 for yer info for 2 kids) plus REMO can enforce it but will all this stack up with the CIC when applying for PR.
Cheers Scott
Also I have noted that when you apply for PR any dependant kids must have a medical even if they are not travelling to Canada with you...There is 500% no chance of my ex supporting my move, or writing letters, never mind taking the kids for medicals so what happens in this case...can an ex of 7 years ago wreck your move coz she is a bitter and twisted B***H
This is not because I will not pay as I have a signed affidavit from UK solicitors saying I will and as mentioned above the proof of constant payments (£450 for yer info for 2 kids) plus REMO can enforce it but will all this stack up with the CIC when applying for PR.
Cheers Scott
My husband did not need (it was never requested) a letter from his sons mom nor did he have to have anything in writing regarding his support payments.
Immigration told us that if we did not or could not provide a medical for child then we needed to send a letter with the application stating that my husband understood he by not providing the medical he was waiving all rights to sponsor his child into Canada in the future.
Island Girl
#58
In the UK I currently pay £280 a month, that's around CAN$650 - that is a lot!
Maybe on the Canadian side they are not that generous then?
BTW I was never married to this woman, she claimed she was on the pill - even admitted this to the CSA!
My sister has 2 kids and she says she wishes she had £280 a month to spend on them!
Maybe on the Canadian side they are not that generous then?
BTW I was never married to this woman, she claimed she was on the pill - even admitted this to the CSA!
My sister has 2 kids and she says she wishes she had £280 a month to spend on them!
#59
My husband did not need (it was never requested) a letter from his sons mom nor did he have to have anything in writing regarding his support payments.
Immigration told us that if we did not or could not provide a medical for child then we needed to send a letter with the application stating that my husband understood he by not providing the medical he was waiving all rights to sponsor his child into Canada in the future.
Island Girl
Immigration told us that if we did not or could not provide a medical for child then we needed to send a letter with the application stating that my husband understood he by not providing the medical he was waiving all rights to sponsor his child into Canada in the future.
Island Girl
From what I can now make out and from some really cold unhelpful emails from the CIC, the proof of payments and the letter you mentioned to say the kids will not be coming to Canada and they will not be having medicals done is all that we should need and fingers crossed should be sorted.
BTW I pay £450 per month for 2 kids and £50 into a savings plan for them TOP THAT anyone !!!!!!
Cheers Scott the sucker
#60
does anyone know for a 17 year old, do I need a letter of permission for her to leave the UK and move to canada with me?
She lives with me, and me and ex husband have a verbal agreement that i have full custody, he does not pay child support anymore and she sees him maybe once a month if he can be bothered. Is it a simple case of getting him to write a letter saying yes he allows her to move there, or do I have to go another route.
Thanks
She lives with me, and me and ex husband have a verbal agreement that i have full custody, he does not pay child support anymore and she sees him maybe once a month if he can be bothered. Is it a simple case of getting him to write a letter saying yes he allows her to move there, or do I have to go another route.
Thanks
Last edited by Carmoral; Feb 6th 2007 at 12:04 am. Reason: wrong spelling and added more words to explain better



