All,
I would like to ask some advice which differs slightly to the posts that I have already browsed. In short my Canadian wife is moving back to Canada with our 4 children; we are now separated. Clearly I want to support my children and would like to understand how this is achieved through both the Canadian and UK authorities (if they are needed). I have calculated the amount that I am required to pay, using the CSA calculator, but I am not sure if this is a fair amount when it relates to Canadian Dollars.

- How is this calculated as I am not sure that simply entering my salary (in £ converted to $) into a Canadian calculator is fair as I do not live in the Canadian (Ontario) economy.

-I still, within the next 10 years, still plan to apply to either emigrate of obtain the Canadian variant of "indefinite leave to remain" visa status (if that exists), so that I can be closer to my children and be more involved with their life. As I have children with Canadian passports will this advantage me in the points process or will being separated (or potentially divorced by then) disadvantage me.

Thank you in advance for your advice.

Normally the court where the divorce/separation took place set the amount of child support to be made. The countries have an agreement to collect from the parent if they are living in that country and not making payments.
In your case the UK would order the amount under their guidelines and then you could get that amount paid into her account in Canada via direct deposit or some other form of payment. I have no idea what child support payment guidelines are in the UK but from past experience if awarded in Canada they can be bloody expensive
There are Canadian federal guidelines based on income and number of children.
Thats about the best I can do.

The Richard Wilson?

I dont believe it.

Any agreement you have will be overruled once divorce proceedings start.

Once she has been in a province for one year, she will be able to file for divorce in that province, serve you where ever you are in the world, and proceed with the divorce in Canada. Your child support will then depend upon your income (converted into $CDN) and the Federal Child Support Guidelines applicable to the province in which she resides.

I suggest you have a look at them here as, with 4 children, the amount will be significant: Federal Child Support Guidelines look up tool

Even if you were divorced in England, once the "usual place of residence for the children" is Canada, she could apply for an Order in Canada varying the amount determined in England.

Something similar would apply for spousal support payments.

Hi

Its not necessarily a given that either parent can up sticks and move country with the children without the both parents consent. Both Canada and UK are signatories of the Hague convention:

http://en.wikipedia.org/wiki/Hague_C...hild_Abduction

From an experience with a mate of mine - the CSA supported the findings of the other country i.e. I suspect your support payments would come under Canadian law.

Hope thats useful

Roj

All, many thanks for your information. As i see it, i will be obliged to pay for the Canadian- decided child support allowance, which is fine (albeit expensive). My ex and I are now looking to a mediator to agree the finance. ie I keep my house, she keeps her saving, She get a a proportion of my pension (the years we have been together - in essence 50 % of 6.5 year worth of a 22 year pension pot - yes i am military ).

Question - once all signed, is she able to ask for more or go after my house etc?

Don't depend on a free message board to answer questions like that. Get a decent lawyer - it'll probably be cheaper in the end.

As has been said, employ a lawyer, it could save you a bundle in the long run.

With children involved and if your spouse is not remarried or cohabiting, as I understand it, the arrangement will not be a final one until the kids are of age and your spouse remarries. If she stays on her one in perpetuity, that is how long you have to pay. If kids have a disability or go on to further education, your responsibility extends beyond the age of majority.

It is cheaper to stay married.

4291