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child maintance do i have to prove that i will pay when i get to canada

child maintance do i have to prove that i will pay when i get to canada

Old Sep 3rd 2005, 1:21 pm
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Default child maintance do i have to prove that i will pay when i get to canada

Hi all

Do I have to prove that I will pay child maintance when I get into canada.
I know with the CSA that they can't claim from overseas.and there are no court ordes in place just the CSA.
any one can help me.
Andrew
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Old Sep 3rd 2005, 3:37 pm
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Default Re: child maintance do i have to prove that i will pay when i get to canada

Short ans is your ex can apply through the Canadian courts who can and will impose maintenance. Your right about UK CSA though, they will not pursue you.
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Old Sep 3rd 2005, 4:24 pm
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Default Re: child maintance do i have to prove that i will pay when i get to canada

Hi

Originally Posted by bobhope
Short ans is your ex can apply through the Canadian courts who can and will impose maintenance. Your right about UK CSA though, they will not pursue you.
CIC will also want evidence that you have made arrangements to pay your maintenance if you are issued a visa.

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Old Sep 3rd 2005, 5:27 pm
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Default Re: child maintance do i have to prove that i will pay when i get to canada

They didnt ask me any questions, I didnt include any letters.nothing. CIC didnt question at all.
Havin said that I personnally have made arrangements to pay my daughter money direct to her!
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Old Sep 3rd 2005, 6:04 pm
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Default Re: child maintance do i have to prove that i will pay when i get to canada

This is not necessarily true. There is a bit in the application that asks how you intend to look after any children left behind, and you have to show how you are paying support with statments etc. However, we do not have maintenence in UK any more, this used to be done through courts, with court orders until the CSA took over. Canada know CSA dont have any way of getting money, if you chose not to pay and to be honest I dont think it is their priority. At the end of the day only a UK court can apply to a Canadian court to get money, They use a similar system to the CSA, so unless you are earning a wage immedialtey, and have used savings to buy a house,chances are you will not have any income to assess for quite sometime anyway.
( None of this is directed at you personally by the way)

If you do have any sort of court order stating access maintenance etc, you would need to get things changed through the courts as this is different to csa involvment. I think you could have a warrant out for non payment etc if through a court, At the end of the day they will catch up with you if you have money to pay, if you cant pay the assessed amount because you dont have money then so be it, but if you do have the money and just dont want to pay it then it is the child that dips out.

If the ex has not remarried CIC have asked someone before, to get from the ex wife/ girlfriend a letter stating they are happy that their (he) is leaving the country ! that was after the medical stage I believe??? which was rather bizarre, but if the unmarried ex is on their own and relies on maintenance for herself, and support for the child then she could supposedly suffer by his absence? I assume this is why they asked.

I think each case is different, in our case we are having medicals done for the two that are not coming, incase they ever do want to come we can sponsor them. Since we applied nearly 2 years have gone, and they are older, can speak for themselves, and are showing signs that they may want to come in the near future, much against their mothers wishes. Times change kids grow up, and mothers ( I am one) can no longer manipulate their children to against their fathers. I have a great relationship with my daughters father, I never involved the CSA, and she has grown into a beautiful happy girl who I (we) am so proud of. It is such a shame when so much bitternest and anger comes out from a split, much that comes from money issues.



Originally Posted by PMM
Hi



CIC will also want evidence that you have made arrangements to pay your maintenance if you are issued a visa.

PMM
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Old Sep 3rd 2005, 7:08 pm
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Default Re: child maintance do i have to prove that i will pay when i get to canada

There is no court orders for maintance for my ex wife or children.The CSA as only come into play this last month.The only court order we have is that neather of us can claim against each other but this dose not cover the kids.dont get me wrong I dont mind paying for the kids and will do when working but you know how nasty exs can be.I offerd how much I can afford but she said no then said she wanted every penny she could get through the CSA.My lawer was saying that the courts do not do child maintance any more and it all gose through the CSA only.The csa have allready told me if I leave the UK then they cant get any money off me.You have to work for a UK company on an UK payroll.





Originally Posted by gooding
This is not necessarily true. There is a bit in the application that asks how you intend to look after any children left behind, and you have to show how you are paying support with statments etc. However, we do not have maintenence in UK any more, this used to be done through courts, with court orders until the CSA took over. Canada know CSA dont have any way of getting money, if you chose not to pay and to be honest I dont think it is their priority. At the end of the day only a UK court can apply to a Canadian court to get money, They use a similar system to the CSA, so unless you are earning a wage immedialtey, and have used savings to buy a house,chances are you will not have any income to assess for quite sometime anyway.
( None of this is directed at you personally by the way)

If you do have any sort of court order stating access maintenance etc, you would need to get things changed through the courts as this is different to csa involvment. I think you could have a warrant out for non payment etc if through a court, At the end of the day they will catch up with you if you have money to pay, if you cant pay the assessed amount because you dont have money then so be it, but if you do have the money and just dont want to pay it then it is the child that dips out.

If the ex has not remarried CIC have asked someone before, to get from the ex wife/ girlfriend a letter stating they are happy that their (he) is leaving the country ! that was after the medical stage I believe??? which was rather bizarre, but if the unmarried ex is on their own and relies on maintenance for herself, and support for the child then she could supposedly suffer by his absence? I assume this is why they asked.

I think each case is different, in our case we are having medicals done for the two that are not coming, incase they ever do want to come we can sponsor them. Since we applied nearly 2 years have gone, and they are older, can speak for themselves, and are showing signs that they may want to come in the near future, much against their mothers wishes. Times change kids grow up, and mothers ( I am one) can no longer manipulate their children to against their fathers. I have a great relationship with my daughters father, I never involved the CSA, and she has grown into a beautiful happy girl who I (we) am so proud of. It is such a shame when so much bitternest and anger comes out from a split, much that comes from money issues.
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Old Sep 3rd 2005, 7:26 pm
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Default Re: child maintance do i have to prove that i will pay when i get to canada

thanks for your help so far
Andrew




Originally Posted by firefox
There is no court orders for maintance for my ex wife or children.The CSA as only come into play this last month.The only court order we have is that neather of us can claim against each other but this dose not cover the kids.dont get me wrong I dont mind paying for the kids and will do when working but you know how nasty exs can be.I offerd how much I can afford but she said no then said she wanted every penny she could get through the CSA.My lawer was saying that the courts do not do child maintance any more and it all gose through the CSA only.The csa have allready told me if I leave the UK then they cant get any money off me.You have to work for a UK company on an UK payroll.
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Old Sep 4th 2005, 5:15 pm
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Default Re: child maintance do i have to prove that i will pay when i get to canada

This could back fire on your ex now. The CSA work on a flat rate sytem and I think it is 15% of your income. No income no money simple as that!
So if paper work is still going through just wait it out. I know that going through CSA can back fire on ex wifes that are greedy. One guy offered to pay his ex a sum he could afford, CSA got involved, and they said he had to pay only £2.50 a week to her!!!!!!
Once you have done your medicals you may get asked for further info by CIC, but if not then there is nothing to worry about. if yo get passpot requests then they will no ask for anything. It is then up to you and your ex to work something out, if she wants to persue you through the courts in Canada then she will have to start the ball rolling, but as said before if you have no income and no savings she will have to wait until you do have an income.

if you do get assessed by CSA and it is a fair amount, you can offer to pay in advance for say 6 months as gesture of good will , if you have the money to spare. She cannot get a court order against you if you are paying what has been asked. She cannot ask them to get more from you than they assess.
But like said, the CSA do evrything here in UK, and she can only go through a magistrates court in UK who will contact the local court in Canada, to try and get you to pay through their system. You will be assessed through their system, which I think is simialr to the CSA, but when I looked into it seemed fairer on dads than our sytem. Once the kids leave school to work or are 19 the payments stop. I dont know how old yours are but it is a long old time.
And you are right some ex's are really nasty. My husbands ex was and she was the one who walked out and left the kids with him! until she realised they were worth money!!!



Originally Posted by firefox
There is no court orders for maintance for my ex wife or children.The CSA as only come into play this last month.The only court order we have is that neather of us can claim against each other but this dose not cover the kids.dont get me wrong I dont mind paying for the kids and will do when working but you know how nasty exs can be.I offerd how much I can afford but she said no then said she wanted every penny she could get through the CSA.My lawer was saying that the courts do not do child maintance any more and it all gose through the CSA only.The csa have allready told me if I leave the UK then they cant get any money off me.You have to work for a UK company on an UK payroll.
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Old Sep 4th 2005, 6:48 pm
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Default Re: child maintance do i have to prove that i will pay when i get to canada

Thanks for the info,I know what you mean tho about exs but the CSA only sees your income and as they say we dont care about your outgoings just pay us 20%.She walked out on me and left me with the two kids I kept them for 6 months then she got a house .My daughter lives with her and then in August of this year my son said he did not want to go to canada now or in the future so he went to live with her.she went stright to the CSA .I makes me sick is that I worked hard very hard keeping all three on one wage due to the fact she could not keep a job for 11 years. I paid her the half of the house before I had to, so she could set up a new home and then look what she is doing to me.
Its all just so unfair. My son is 15 and daughter is 11. she as torn the familey apart and wants to do it to my new family too beause she cant keep a relationship going.

Andrew


Originally Posted by gooding
This could back fire on your ex now. The CSA work on a flat rate sytem and I think it is 15% of your income. No income no money simple as that!
So if paper work is still going through just wait it out. I know that going through CSA can back fire on ex wifes that are greedy. One guy offered to pay his ex a sum he could afford, CSA got involved, and they said he had to pay only £2.50 a week to her!!!!!!
Once you have done your medicals you may get asked for further info by CIC, but if not then there is nothing to worry about. if yo get passpot requests then they will no ask for anything. It is then up to you and your ex to work something out, if she wants to persue you through the courts in Canada then she will have to start the ball rolling, but as said before if you have no income and no savings she will have to wait until you do have an income.

if you do get assessed by CSA and it is a fair amount, you can offer to pay in advance for say 6 months as gesture of good will , if you have the money to spare. She cannot get a court order against you if you are paying what has been asked. She cannot ask them to get more from you than they assess.
But like said, the CSA do evrything here in UK, and she can only go through a magistrates court in UK who will contact the local court in Canada, to try and get you to pay through their system. You will be assessed through their system, which I think is simialr to the CSA, but when I looked into it seemed fairer on dads than our sytem. Once the kids leave school to work or are 19 the payments stop. I dont know how old yours are but it is a long old time.
And you are right some ex's are really nasty. My husbands ex was and she was the one who walked out and left the kids with him! until she realised they were worth money!!!
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Old Sep 5th 2005, 8:38 am
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Default Re: child maintance do i have to prove that i will pay when i get to canada

This is an all too familiar story. It is just such a shame, your kids are at that age when they are not sure what they want. Tehy have no real idea of what emigrate means.
In your sons case he is still too young to know that he my never want to go, which is a shame, as you can never sponsor him if he does not have medicals, and he may well change his mind. My daughter was 14 when we started this application and did say she wasnt happy about going. 2 years have past and she now cant wait. The eldest is settled at Uni, and too said she would not want to leave England, and has now come home saying that job prospects when she finished Uni are not that hopeful in UK, and she may well want to come when she has finished. The 15 year old boy would not be allowed to come by his mother, and she has already said she does not even want him to visit incase he loves it and does not want to come back! He wants to come at Xmas for a holiday , but she will not even take him to the airport! It is such a shame, luckily now the kids are teenagers they can speak for themselves and stop being manipulated by their mother.

Think of your kids and ensure they know how you feel, and that they are free to come over whenever they want, but it is only if their mother will let them.
If you have joint custody you have the right to have regular access even if it means they fly over to see you, but unless it is in writing from a court and carried with the children when they visit they would not get in, as unaccompanied children must have the permission of parent with care to travel. ( under 18) Keep in regular contact with the kids in the future, and I am sure one day they will visit, and maybe even decided to stay, unfortunaltey they would have too apply in their own right as you have not chosen to get their medicals done. If anything was to happen to their mother, or they desperatley wanted to leave her and be with you , you could not get them in as quick as if you had sponsored them.
In Uk did you know that you only have to be 17 to emigrate in your own right? ( your not likely to get in to Canada because of points but from a legal view you can emigrate) and only 16 to apply for our own passport?

parents can only manipulate and control children for a while before they are free to spreak for themselves!!

It is your life too so make the move, and see what the future brings. You may be surprised, What goes around comes around!! Kids grow up very quick and do their own thing without a thought for you, thats life, but you cannot live somewhere you are not happy either, as one day you will regret it.


=firefox]Thanks for the info,I know what you mean tho about exs but the CSA only sees your income and as they say we dont care about your outgoings just pay us 20%.She walked out on me and left me with the two kids I kept them for 6 months then she got a house .My daughter lives with her and then in August of this year my son said he did not want to go to canada now or in the future so he went to live with her.she went stright to the CSA .I makes me sick is that I worked hard very hard keeping all three on one wage due to the fact she could not keep a job for 11 years. I paid her the half of the house before I had to, so she could set up a new home and then look what she is doing to me.
Its all just so unfair. My son is 15 and daughter is 11. she as torn the familey apart and wants to do it to my new family too beause she cant keep a relationship going.

Andrew[/QUOTE]
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