I need your child support experiences please!
Sep 2nd 2002, 4:50 am
#1
Guest
Posts: n/a
I need your child support experiences please!
hiya everyone. i made friends a few months ago with a girl from canada who also
immigrated to the states to be with her husband. they have a child together, but this
guy is turning out to be a real ass. she wants to leave him and she doesnt think he
will care or ever want to see the child. she already has her green card so that isnt
an issue (theyve been married 4 years).
now she was wondering, if she moves back to canada with the kid, how will she be able
to retrieve child support? will the order have to be in place before she moves out of
the state? and will they keep depositing it directly into her (new) canadian account?
i thought maybe some of you foreigners who came to the US with kids might be able to
share what happenned in your case as far as child support goes. she spoke to one
lawyer who said if she moves outside the us her spouse will no longer need to pay
child support since the us courts dont have jurisdiction in canada. it seems to me
that HAS to be incorrect! she doesnt have a computer so im hoping i can lift her
spirits a bit by finding out some information that contradicts what the lawyer said
(it was a lawyer she called randomly from the yellowpages).
she is at least lucky that she lives in arizona where if you dont pay child support
you get arrested, plain and simple.
any experiences you guys can share would be SO appreciated! thanks!
immigrated to the states to be with her husband. they have a child together, but this
guy is turning out to be a real ass. she wants to leave him and she doesnt think he
will care or ever want to see the child. she already has her green card so that isnt
an issue (theyve been married 4 years).
now she was wondering, if she moves back to canada with the kid, how will she be able
to retrieve child support? will the order have to be in place before she moves out of
the state? and will they keep depositing it directly into her (new) canadian account?
i thought maybe some of you foreigners who came to the US with kids might be able to
share what happenned in your case as far as child support goes. she spoke to one
lawyer who said if she moves outside the us her spouse will no longer need to pay
child support since the us courts dont have jurisdiction in canada. it seems to me
that HAS to be incorrect! she doesnt have a computer so im hoping i can lift her
spirits a bit by finding out some information that contradicts what the lawyer said
(it was a lawyer she called randomly from the yellowpages).
she is at least lucky that she lives in arizona where if you dont pay child support
you get arrested, plain and simple.
any experiences you guys can share would be SO appreciated! thanks!
Sep 2nd 2002, 6:24 am
#2
Forum Regular
Joined: Aug 2002
Posts: 55
Re: I need your child support experiences please!
Originally posted by December:
she is at least lucky that she lives in arizona where if you dont pay child support
you get arrested, plain and simple.
any experiences you guys can share would be SO appreciated! thanks!
she is at least lucky that she lives in arizona where if you dont pay child support
you get arrested, plain and simple.
any experiences you guys can share would be SO appreciated! thanks!
She could end up being the one to pay child support.
You mention that she THINKS the guy won't want to see the child,
but I believe that is the #1 mistake that many divorceing mothers make.
Many men do not take kindly to having their children taken from them.
I don't know this situation from the inside, so of course these are just my thoughts.
Sep 2nd 2002, 9:19 am
#3
Guest
Posts: n/a
Re: I need your child support experiences please!
December wrote:
> now she was wondering, if she moves back to canada with the kid, how will she be
> able to retrieve child support? will the order have to be in place before she moves
> out of the state? and will they keep depositing it directly into her (new) canadian
> account? i thought maybe some of you foreigners who came to the US with kids
> might be able to share what happenned in your case as far as child support goes.
But... this is the case of someone moving to Canada that wants to collect support
from someone in the US. This would be the opposite of collecting money in the US for
someone from another country.
She should see an attorney familiar with this type of action.
If she wants the money collected from someone in the US, she has to file and win in
the court in the US. If a US court rules he owes child support, he owes it no matter
where she moves. If he doesn't volunteer to send it, then she would have to take
further action in a US court.
> she spoke to one lawyer who said if she moves outside the us her spouse will no
> longer need to pay child support since the us courts dont have jurisdiction in
> canada. it seems to me that HAS to be incorrect!
He is correct on a judgement won in Canada would not affect the ex that is living
here unless he has assets in Canada. If she wins here, then he would have to pay,
even if she moves. So, in this situation, she should file for the support here.
On the other hand, he can fight her ability to move the child out of the US.
> now she was wondering, if she moves back to canada with the kid, how will she be
> able to retrieve child support? will the order have to be in place before she moves
> out of the state? and will they keep depositing it directly into her (new) canadian
> account? i thought maybe some of you foreigners who came to the US with kids
> might be able to share what happenned in your case as far as child support goes.
But... this is the case of someone moving to Canada that wants to collect support
from someone in the US. This would be the opposite of collecting money in the US for
someone from another country.
She should see an attorney familiar with this type of action.
If she wants the money collected from someone in the US, she has to file and win in
the court in the US. If a US court rules he owes child support, he owes it no matter
where she moves. If he doesn't volunteer to send it, then she would have to take
further action in a US court.
> she spoke to one lawyer who said if she moves outside the us her spouse will no
> longer need to pay child support since the us courts dont have jurisdiction in
> canada. it seems to me that HAS to be incorrect!
He is correct on a judgement won in Canada would not affect the ex that is living
here unless he has assets in Canada. If she wins here, then he would have to pay,
even if she moves. So, in this situation, she should file for the support here.
On the other hand, he can fight her ability to move the child out of the US.
Sep 2nd 2002, 9:34 am
#4
Concierge
Joined: Apr 2001
Posts: 46,465
Re: I need your child support experiences please!
I'm not entirely clear on the US/Can support issue. Regardless, she first needs to find a divorce attorney for the divorce and to deal with the custody and support issues. It is not always clear cut that a mother is awarded sole custodial rights. Today many family courts will issue joint custody and/or very liberal visitation rights especially if the father appears to want this.
I know of one Canadian who was told by the courts in Nova Scotia at the time of his divorce and support hearing that when he moves to the US they can still garnishee his salary if he falls behind in support payments. Now if this was true or only a scare tactic, I don't know.
In any case if child support is awarded provisions should be made that the support goes into a US account. With an ATM card she can withdraw the funds in Canada at whatever the exchange rate is on that day.
Rete
I know of one Canadian who was told by the courts in Nova Scotia at the time of his divorce and support hearing that when he moves to the US they can still garnishee his salary if he falls behind in support payments. Now if this was true or only a scare tactic, I don't know.
In any case if child support is awarded provisions should be made that the support goes into a US account. With an ATM card she can withdraw the funds in Canada at whatever the exchange rate is on that day.
Rete
Sep 2nd 2002, 3:25 pm
#5
BE Enthusiast
Joined: Apr 2001
Posts: 397
Re: I need your child support experiences please!
Originally posted by Rete:
I'm not entirely clear on the US/Can support issue. Regardless, she first needs to find a divorce attorney for the divorce and to deal with the custody and support issues. It is not always clear cut that a mother is awarded sole custodial rights. Today many family courts will issue joint custody and/or very liberal visitation rights especially if the father appears to want this.
I know of one Canadian who was told by the courts in Nova Scotia at the time of his divorce and support hearing that when he moves to the US they can still garnishee his salary if he falls behind in support payments. Now if this was true or only a scare tactic, I don't know.
In any case if child support is awarded provisions should be made that the support goes into a US account. With an ATM card she can withdraw the funds in Canada at whatever the exchange rate is on that day.
Rete
I'm not entirely clear on the US/Can support issue. Regardless, she first needs to find a divorce attorney for the divorce and to deal with the custody and support issues. It is not always clear cut that a mother is awarded sole custodial rights. Today many family courts will issue joint custody and/or very liberal visitation rights especially if the father appears to want this.
I know of one Canadian who was told by the courts in Nova Scotia at the time of his divorce and support hearing that when he moves to the US they can still garnishee his salary if he falls behind in support payments. Now if this was true or only a scare tactic, I don't know.
In any case if child support is awarded provisions should be made that the support goes into a US account. With an ATM card she can withdraw the funds in Canada at whatever the exchange rate is on that day.
Rete
Sep 3rd 2002, 8:26 am
#6
Guest
Posts: n/a
Re: I need your child support experiences please!
thanks guys! i printed out this thread and hopefully itll give her some kind of
insight on what to do. i figured it couldnt be true that if a court awards you child
support just because you move away it doesnt make that court order void and nul.
K <[email protected]> wrote in message
news:<[email protected]>...
> Originally posted by Rete:
> > I'm not entirely clear on the US/Can support issue. Regardless, she first needs
> > to find a divorce attorney for the divorce and to deal with the custody and
> > support issues. It is not always clear cut that a mother is awarded sole
> > custodial rights. Today many family courts will issue joint custody and/or very
> > liberal visitation rights especially if the father appears to want this.
> >
> > I know of one Canadian who was told by the courts in Nova Scotia at the time of
> > his divorce and support hearing that when he moves to the US they can still
> > garnishee his salary if he falls behind in support payments. Now if this was
> > true or only a scare tactic, I don't know.
> >
> > In any case if child support is awarded provisions should be made that the
> > support goes into a US account. With an ATM card she can withdraw the funds in
> > Canada at whatever the exchange rate is on that day. Rete
> My son is british, he is here with me in the USA. He is 11 how would i go about
> claiming child support for him from his father in the UK? What would I have to do?
insight on what to do. i figured it couldnt be true that if a court awards you child
support just because you move away it doesnt make that court order void and nul.
K <[email protected]> wrote in message
news:<[email protected]>...
> Originally posted by Rete:
> > I'm not entirely clear on the US/Can support issue. Regardless, she first needs
> > to find a divorce attorney for the divorce and to deal with the custody and
> > support issues. It is not always clear cut that a mother is awarded sole
> > custodial rights. Today many family courts will issue joint custody and/or very
> > liberal visitation rights especially if the father appears to want this.
> >
> > I know of one Canadian who was told by the courts in Nova Scotia at the time of
> > his divorce and support hearing that when he moves to the US they can still
> > garnishee his salary if he falls behind in support payments. Now if this was
> > true or only a scare tactic, I don't know.
> >
> > In any case if child support is awarded provisions should be made that the
> > support goes into a US account. With an ATM card she can withdraw the funds in
> > Canada at whatever the exchange rate is on that day. Rete
> My son is british, he is here with me in the USA. He is 11 how would i go about
> claiming child support for him from his father in the UK? What would I have to do?
Sep 3rd 2002, 9:09 am
#7
Forum Regular
Joined: Aug 2002
Posts: 33
Re: I need your child support experiences please!
A lot of child support is taken from wages. My ex had a letter from court sent to employer telling her what to take out and what to send to the Friend of the Court and then the Friend of the Court mails to me. When he is in the arrears they give me more and take more out of his pay (by sending another letter asking for more to be taken from his pay)
Sep 4th 2002, 4:29 am
#8
Guest
Posts: n/a
Re: I need your child support experiences please!
December wrote:
> thanks guys! i printed out this thread and hopefully itll give her some kind of
> insight on what to do. i figured it couldnt be true that if a court awards you
> child support just because you move away it doesnt make that court order void
> and nul.
The key is that she has to file in a US court, where she or he currently reside.
She could not file in Canada and collect it from someone without Canadian income
or assets.
> thanks guys! i printed out this thread and hopefully itll give her some kind of
> insight on what to do. i figured it couldnt be true that if a court awards you
> child support just because you move away it doesnt make that court order void
> and nul.
The key is that she has to file in a US court, where she or he currently reside.
She could not file in Canada and collect it from someone without Canadian income
or assets.
Sep 4th 2002, 7:06 am
#9
Forum Regular
Joined: May 2001
Posts: 104
Re: I need your child support experiences please!
You may want to suggest that she contact the Arizona Department of Economic Security, which handles child support enforcement in the state.
