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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 01-20-2006, 01:36 AM
n22 n22 is offline
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Default What happens when award exceeds income

Hi, since wife and kid reside in a very expensive city in the US and I'll be moving back to Ottawa with 50 to 60% of my previous income, what happens if my much smaller income is inadequate to the award that the US state court will give my wife and kid.
There has also been some as yet unproven "dissipation of assets" due to investments gone bad (losses in the six digits).
Is my bankruptcy assured in this case?
What are the consequences of bankruptcy on spousal/child support?
Can some foreign or local Canadian court send me to prison for lack of sufficient income to pay or because of going bankrupt?
It looks like on account of my wife deciding that she doesn't love me any more I am facing financial ruin, lack of custody and contact with my child and several years of agony. Could it be that bad or my despair is painting things darker than they are?
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Old 01-20-2006, 10:18 PM
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n22,

spousal and child support orders survive bankruptcy.

You will have to inform your trustee of any current spousal child support orders.

If your income is now less through no fault of your own, you would have to bring the matter before the US court where the order was made to have it varied. They may not accept your reason for short fall of income.

The FRO has intra jurisdictional agreements with a lot of us states to collect alimony, spousal support and child support.

This is the only govt bosy in Ontario that can collect and enforce the spousal/support orders.
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