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Implications of Moving to Alberta with divorced spouse

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Implications of Moving to Alberta with divorced spouse

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Old Mar 31st 2024 | 7:47 am
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Default Implications of Moving to Alberta with divorced spouse

Possibly a strange question. Ex-spouse and I are divorced, are both Canadian citizens and parents to teen, all currently living in the UK. Ex-spouse is considering moving back to Alberta. Are there any implications I may not of thought of him moving back, in terms of payment of child support or maintenance or even the financial settlement from the divorce in terms of him being in Canada and me in the UK, or if I were to also move back to Canada please. We have been divorced for several years. One spouse currently pays the other child support as the child lives with one spouse full time.

Last edited by RKS_in_Calgary; Mar 31st 2024 at 7:52 am.
 
Old Mar 31st 2024 | 8:16 am
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Default Re: Implications of Moving to Alberta with divorced spouse

I think it's going to primarily be a trust issue as attempting to enforce divorce settlement support payments internationally is going to be expensive and possibly impractical (cost outweighs the benefits even of a favourable ruling), but that would only apply if the paying party were to default.

As a purely practical point, I am guessing that your settlement/ support is specified only in GBP, so you as a bare minimum will need to agree, with arbitration if necessary as to whether the payments are fixed in GBP values, or whether they're fixed in CAD terms at the time that one of you relocates back to Canada, also who bears the cost of the exchange and the transfer.

Depending on which you agree, and how the exchange rate moves, in future one of you could experience a significant burden (higher cost or lower income), and the other experience a windfall gain (higher income or lower cost). And there isn't a simple, totally "fair" answer to that question.
 
Old Mar 31st 2024 | 9:05 am
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Default Re: Implications of Moving to Alberta with divorced spouse

Thanks Pulaski, appreciate the quick response and that’s helpful.
 
Old Mar 31st 2024 | 11:55 pm
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Default Re: Implications of Moving to Alberta with divorced spouse

Originally Posted by RKS_in_Calgary
Possibly a strange question. Ex-spouse and I are divorced, are both Canadian citizens and parents to teen, all currently living in the UK. Ex-spouse is considering moving back to Alberta. Are there any implications I may not of thought of him moving back, in terms of payment of child support or maintenance or even the financial settlement from the divorce in terms of him being in Canada and me in the UK, or if I were to also move back to Canada please. We have been divorced for several years. One spouse currently pays the other child support as the child lives with one spouse full time.
I think you will want to consider the tax implications. I'm divorced from someone who moved to Europe after the divorce. I pay support and claim the tax break in Canada. She reports the income in Switzerland. I don't think it's taxable there but it is reportable. Depending on the jursidiction of the payor, and the terms of the divorce, moving carelessly might sacrifice a tax deduction.
 

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