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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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Old 10-31-2015, 07:29 AM
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Default Court order for support while other party lives outside of the country.

Asking on behalf of a friend...

They were married for 12 years. He has dual Canadian Irish citizenship. Went to ireland over the summer, and informed her that he's not coming back. He's always spoken about how much better his life would be in ireland.

He's told her via email that she can keep the house. She's the bread winner, and he was often unemployed, working in a cyclical industry. They have 2 kids.

Questions:
- can she even go to court for CS? Ontario does not have a maintenance agreement with Ireland, only Sask does
- can he be tried in absence?
- assuming that a judge could order that CS be taken from his share of matrimonial assets? Or deduct it from any SS that she might owe him.
- his parents have been giving her some money, assuming that a court would consider that part of his contribution.
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Old 10-31-2015, 07:44 AM
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Northern Ireland = UK (Belfast) There is a maintenance agreement
Republic of Ireland = Dublin

I'd still register with FRO. they take licenses and passports.

If she follows the proper procedure of service of documents and he fails to show up then yes the trial/summary judgement would/could go on without him.

Parents giving money might be considered a gift unless it was specified the money was intended as CS.

If money is intended to pay his CS then she should let FRO know immediately.
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