Child Support Abroad - Question

[NJB]

Hi,

I'm a canadian citizen working and living in United States. I've been served a notice for child support from a person in Ontario whom I had relationship with in the past. I've been asked to appear in court in Maryland where i live. My question is,

If the child is residing in Ontario, Canada; shouldn't ontario child support guideline apply? Why have I been asked to settle per Maryland law when the child is living in Ontario, Canada? I will appreciate some helpful insight.

Neil

[FreeNow]

Where was the child born?

FN

[NJB]

Child was born in Toronto, Ontario.

[FreeNow]

I would think this would be Ontario's jurisdiction. Ask a lawyer in Maryland. If it's like Ontario there you can get a 1/2 hour consultation at no charge.
Find out the difference in child support levels of Ontario (link on this site) and compare them to those in Maryland. It may be to your advantage to do it there.
There are many divorce forums in the US. Check them out. You'll spend a lot of time on it but it will be worth it.

FN

[NJB]

Thanks a lot FN.

[FL_Needs_To_Change]

The laws that prevail are the laws relative to the residence of the child.
This child is an Ontario resident and remains an Ontario Resident, I would hope that the request to appear in Maryland is purely out of convenience for you, however, I would seek legal advice on your particular notice, as it sounds like the ex partner may be trying to pull a fast one on you.

Usually one would have to appear in the court in the city of the child's residence, and CS is based on the province of residence not your residence.
Even if the ex moves, she would have to seek to have the CS order varied and give good reason, usually if one moves province to province, the original province laws prevail. But is not always the case, but certainly if she were to move tot he US, then Canadian laws would prevail and remain intact.

[NJB]

Thanks a lot Moderator,

You are right, it appears to me that she's done her homework well as Maryland law awards higher CS compared to Ontario guidelines. I called canada justice department helpline, and in my opinion the operators there know less than I do on this subject. It was just too disappointing.