krans

Dear Mentors

Our incountry application (not yet submitted) has hit a snag.

My husband (sponsor) has a court assessment for child support.
This happened after we returned to Aus (After paying ex wife directly for ten years from overseas.) She did not declare to welfare.....acct in maiden name.

In Aus held a well paid job. Twelve months later rcvd court order for $30,000.
Job only lasted 6 months as company went into liquidation.
Assessed for 12 months.

We were still paying agreed amount direct to ex spouse.
No indications that anything was amiss....
We agreed ingnorance is no excuse and our solicitor worked out that we should have been only $9,000 in arrears.

The child welfare dept wouldn't listen and are demanding $30,000.

Tax return shows did not earn as assessed.

We now want to settle in Canada and even though we are not working at present (I have funds from the sale of property from a previous marriage).
we are still paying child support.

We are trying to sort this mess out but if we pay the full amount then we will use our kitty.

Do Imm Canada check sponsors obligations in other countries?

We do sound desperate and the above sounds unbelievable but is true.

We do intend to pay a reassessed amount when we get this sorted but are trying to look at all options in the short term.

The quicker I can get to work the better. Husband is currently looking.

It looks like we have dug ourselves a deep hole.

We thought fleetingly of declaring husband bankrupt in Aus but this does not help the children. We even offered to pay the $9,000 until it is sorted but Solicitor advised not to until we have a reasonable assessment from Child Support.

Any info apprec.

krans

I just read my own post.

WE ARE DEFINITELY WANTING TO DO EVERYTHING LEGALLY.

MY QUERY REALLY IS : DO YOU HAVE TO DECLARE COURT ORDER FROM AUS OR ONLY IF ACQUIRED IN CANADA?

Sorry if came across as trying to go around the system.

gooding

I have beleive if he has a court order against him for default of payment of maintenenance he cannot sponsor you until he can prove that he has resolved the matter with the provincial or territorial authorities that ordered the payment.
Also a person that is an undicharged bankrupt cannot sponsor any one either.
Seen link below:

It is a very messy business when the child support people get involved, but I think you have no option but to resolve the issues first before sending application, as you will only be lying on your application, and could risk getting sponsorship refused.

http://www.cic.gc.ca/english/pdf/kits/guides/3900E.pdf

krans

Thanks you for your input.

We have been paying child support all along.

The matter actually has not been to court to recover the money (in dispute)

My husband has just clarified.
(My furtive pannicked imagination)

Does this make a difference.

Can we truthfully answer no to the "court order question for incountry spouse if it has not been ordered by the courts"

gooding

I think you could do with investing in a small amount of legal advice to put your mind at rest, and ensure your application is sent correctly and this will give you a piece of mind, that you have not overlooked anything.

Most child support cases are settled out of a court. if you have not had a court order made against you as yet, and you are working to rectify this then I think you would be OK. Errors are made, and you have made what appears to be an honest mistake. It is not as if you have not been paying anything. In the Uk the child support association (CSA) cannot get money form anyone once they leave the country.(unless employed by a company governed by British Law, ie. someone in the army /navy etc.
The only way the parent making the claim can get the money is through a court order between a UK court and a Canadian court. They have no powers out of the UK, once a parent leaves.Where does your husbands wife reside?

You need to check all the other criteria that sponsorship entails and what your husband has to do, to honour any declarations he makes.

In the case of skilled worker, a parent that is not taking children with him or her, has to prove that they will continue to support any children currently supported finanancially through a court, or child support arrangement once they have left the country, assuming that the person is or was living in the same country prior to emigrating, as those children.
You have to show bank statements maintenance orders, etc, and state that you intend to continue. They did not ask if these payments for any other proof, of payment etc.

I hope it all works out in the end. If you have nothing to hide you should have no problems, but unless you can get them to reduce that $30K then you may not have any money left to relocate back.