Paradiseapplebody

I am curious if someone from the UK were to flee to Canada to avoid Child Support payments while working as a BC resident, would it ever catch up to them? I know that if one were to go work as a English teacher in Japan or Thailand, there is not a whole lot the British government can do, but I am wondering if there is more recourse in a Commonwealth country such as Canada. I am asking because one colleague I work with is doing just that.

Siouxie

The person in the UK would have to apply for a Reciprocal Enforcement of Maintenance Order through the local magistrates court. Canada is one of more than 100 countries who have a reciprocal agreement. Once the order is obtained it would be sent to the Child (Maintenance) Agency in which ever province the payee is residing for enforcement.

It's quite a lengthy process.

These websites can offer more help and advice on the process - the forum is particularly helpful as it is for/by people who are in the process of doing it.

http://forums.moneysavingexpert.com/...712689&page=14 (particularly post 195 on page 10 which is about BC reciprocal agreements)

http://www.direct.gov.uk/en/Dl1/Directories/DG_177531

http://www.justice.gov.uk/guidance/p...itor/index.htm

http://www.direct.gov.uk/en/Parents/...ends/DG_192867

dbd33

Probably not. I believe the judgement would be as enforceable in Canada as one made in Canada. Alas, that's "not very". I haven't looked for statistics but based on friends and business associates I'd say it's more common for people in Canada to default on their payments than to make them.

Siouxie

I would disagree - provided it is registered with the province's child support agency then there are many "punishments" that can be made against the defaulting party.

For instance, in BC it is:

If enforcement is necessary, the options include:

Issuing a Notice of Attachment, where we require someone who owes the payor money to pay it directly to the FMEP. This applies to virtually any income, including wages, pensions, workers' compensation benefits, bank accounts, rental income or other assets. We may also attach money the federal government owes the payor, such as an income tax refund, employment insurance benefit or HST credit.

Registering the order against any land the payor may own.

Registering a lien against any personal property the payor may own (including a car, boat, trailer or manufactured home).

Reporting the payor to a credit bureau.

Withholding the payor's driver's licence or passport.

We may also consider taking the payor to court.

dbd33

Oh, you can garnishee the person but, if they're determined not to pay they will have made themselves a contractor working through a numbered company. They'll keep flipping the company and, each time, a new court order is needed. Since it takes a couple of years to get the order in place and it costs a bundle in legal fees to do so, it's often not worthwhile to pursue the matter. I think a determined enough recipient will likely eventually get her money but, by then, the children will have grown up and left so it's about satisfaction rather than support; some other supply of money is needed in the interim.

Almost Canadian

This is very true.

How effective registering the matter with the Enforcement Agency in the Province depends upon the agency in that Province. Thankfully, Alberta MEP are complete bastards and will hound the payor until they squeal and pay up. FMEP in BC, on the other hand, is a complete waste of space. They seem to send a letter and, if that doesn't obtain the required result, will give up.

I actually act for an MP in Manitoba. She is owed over $30,000 in arrears from a payor that works for the Alberta EMS service. She hasn't seen a penny. The Manitoba MEP is, according to her, next to useless but, as her ex now lives in Alberta, Manitoba will hand collection over to Alberta and, hopefully, she will see some funding.

She stated that, once Alberta starts collecting, she will attempt to have the legislature look into this issue. It is a shame that pepole on the street struggle with this issue on a daily basis, but it is only when one of "our" representatives feels the same pain as we do, that anything gets done.

ireland2canada

Just out of interest, how do they send the letter and hound the person if they don't know where they are? If someone moves to Canada from the UK and doesn't provide an address to the ex-spouse, how does the CSA (or whatever they are called these days) know where the person is?

Tangram

Maybe they can track who/which company is paying them via the SIN number ? I may of course be talking complete bollards as things here don't seem that sophisticated.

ireland2canada

I dunno, the CSA appear to be unable to find their arse with both hands (IMO). How they could locate someone whose whereabouts are simply "Canada" is beyond me. I've never given any thought to information sharing bewteen the two countries before.

Tangram

Strangely I was trying to explain TV License detector vans to colleagues at work the other day.... then what the TV License was for.

snowcandy

Hey, the CSA can't even track down absent parents or enforce maintenance payments in the UK. Anything that's a bit too much trouble and they just don't bother. Don't get me started

DandNHill

Not sure it's completely relevant but I have had the opposite situation.
When I spoke to the CSA about my ex husband continuing to pay once I was in Canada I was told that it really relied on his goodwill. Whilst he still works for the same company it's not too bad but apparently if he changed employer then the CSA probably wouldn't then be able to help!
I decided there and then in an effort to get him to sign the relevant doc I needed to take my son to Canada to forego his maintenance! Saying that I didn't contact the CSA before I left so they might still be paying me, I haven't checked! EEk!!

Almost Canadian

I don't know how it works UK-Canada but I do know that Alberta MEP obtain access to virtually everything about the person in Alberta - driver's licence, bank account, employer. They also appear to be able to obtain access to financing info. Once they believe the person is in Alberta, they really go for the throat. They can prevent obtaining driver's licences, passports and all other manner of things that you need the Government for, while arrears remain outstanding. As Tangram has stated, I believe they achieve this via SINs

Siouxie

It isn't the child Support Agency in the UK who would persue this, the parent who is owed support would apply personally through the court in the UK for an order and would submit that to a specific Agency that deal with reciprocal arrangements, who would forward it to the Canadian Province Child Support Agency. It isn't easy but can be done as proved by several people on the forum I gave the link to.

Cookie

It's the kid(s) I feel sorry for. Fancy growing up knowing your parent neither cares about you nor gives a sh*t about contributing towards your basic need of food, shelter and clothing. Disgusting