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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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  #31 (permalink)  
Old 04-08-2014, 11:30 PM
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Clicklaw, wikibooks has some helpful comments but, of course, keep the source in mind (refer to sec. 6)

Wouldn't it be smarter strategy on your part to complete this draft final order based on the agreed-to settlement, and complete the transfer the house to you, etc. Then in 6 months, revisit by way of a motion to vary, based on a material change i.e. new job? If you try to change the terms of settlement now (and you may or may not be successful with that), you know you'll lose his consent to transfer the house and it will be back to the drawing board on everything.

Resolving Family Law Problems out of Court - Clicklaw Wikibooks
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Old 04-08-2014, 11:44 PM
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A few things:

1. If he works for one of the largest telecom companies they are probably based in a western country and even if their employees are based elsewhere they still have to enforce the laws of those countries of which the vast majority will enforce a canadian CS agreement.

2. Even if that other country WONT enforce a Canadian CS agreement it doesn't mean you can't SEEK Child support from that country's system. I haven't come across a country that doesn't believe a person shouldn't support their child.

All those pieces of evidence you pointed out are enough to prove he works. I am sure you could use it as a basis to impoute income.
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Old 04-09-2014, 08:12 AM
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Thats what im leaning towards right now Mcdreamy.

Links...sharia law is the law of the land there and not only eould I not get child support, I would also lose custody.
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Old 04-09-2014, 08:23 AM
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Sharia law or Eskimo law - one still needs a passport to enter Canada.

I would work with your lawyer to get income imputed and then let the maintenance enforcement process work it's course.
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Old 04-09-2014, 09:45 AM
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Takeontheworld
McDreamy has the best advise on here. You must be strategic and this does not happen quickly. Breathe.

1)You already signed the minutes of settlement. This is final. Lawyers typing it up and filing it with the courts with your signature is administrative only. Frankly they can file the hand written copy if they have to, there is no family law that I am aware of that it must be typed. Judicial Endorsements are filed hand written by judges all the time.

2)Do not block this process or try to appeal this before 6 months. You will probably be handed the costs of the other party for completely irritating the judge and the other lawyer.

3)Do everything in the order as agreed.

4)Does you settlement agreement state anything about yearly disclosure requriements for both parties?

5)Open a Motion to Change under a material change of cirucmstances ideally after he has not provided disclosure as ordered in the agreement. Or if you do not have this clause to base it on you submit your evidence you have gathered of new employment.

6)Once in front of a judge prove income and have it imputed. If you fail to prove income in the judge's view ask in alternate to impute for minimum wage.

7)File the exisiting order and the amendment order that adjusts the CS clause with FRO.

8)FRO will go through the enforcement process for you and eventually suspend his passport.

By the time this is all complete if things go smoothly it will be approximately 2-3 years.

Please note this strategy is only possible if you did not accept lump sum CS as equity of the home. I read you actually accepted equity in the house as debt equalization and no CS was agreed to because you thought he had no employment (this was a mistake on your part). Not to worry about your mistake it will just take time to fix.

Hope that helps. Always consult a lawyer about any advise you receive on this forum.
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  #36 (permalink)  
Old 04-09-2014, 11:38 AM
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Considering that he accepted you have custody (you have that in writing?) that isn't disputable, even if he does dispute it canadian law would override and judgement made over there.

If you get a child support order from the other country it might not be the same as Canada would order but it would be enforceable.

But ok...
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