International Situation

[johnnycanada]

Hi......looking for some help/advice on a complicated situation. I am Canadian, wife is German with permanent resident status in Canada. Was married for 12 years (married in Germany) currently separated for 3. We bought a home in Canada 10 years ago, used to spend the summers here and the winters there, with the idea of eventually living permanently in Canada. Wife moved back to Germany after living in Canada (BC) for all of 6 months. Took our 3 kids, 13 yrs. and the twins are 5 yrs. The 13 yr.old moved back with me 1 year ago.
I have been employed full-time now in Canada for 3 years. I pay financial support for the twins, the wife, all travel costs (I get the twins in Canada for 2 months), and more, including the monthly shortage of our rental property in Germany. This is all paid according to her claim that German law applies. She has contributed nothing to our financial situation since being separated, and refuses to seek employment. What recourse do I have and where do I start? I can't go on like this...........debts are mounting.
Does she have any claim to our house in Canada if she left?
Looking forward to any comments on this one.........

[johnnycanada]

I am paying 1700 Euros per month ($2400 Canadian) in child and spousal support, including the 2 months when I have the kids here with me, plus every flight to visit the kids or to have them come to Canada (at which time the unemployed ex goes on holidays!), and the shortage per month on our German rental is about $600 Canadian. It is currently for sale, but the market is flat in Germany. Since returning to Canada full time 3 years ago, my income has been a modest $50,000 to $60,000 per year before taxes. This years looks better.
I have heard that if the primary income earner lives in Canada, then the child and spousal support payments follow Canadian law. Is this true? Anybody know?

[logicalvelocity]

johnnycanada,

I have heard that if the primary income earner lives in Canada, then the child and spousal support payments follow Canadian law. Is this true? Anybody know?

I'm not clear if the current spousal and child support you pay is in a volunteer manner or as a result from an order from the court If it is court order you would have to take steps to vary by proving a material change of circumstance. Generally child support is calculated by applying the child support tables for the particular province where the payor resides. If your living in Ontario, then apply the Ontario tables. If your in Alberta then apply the Alberta tables and so forth.

Spousal support is very dependent upon the facts of the case and amounts can vary.

lv

[johnnycanada]

It is in a volunteer manner that I pay child and spousal support. The ideal situation would be if she moved back to Canada and I would have access to the kids and what I pay per month would be substantially less than what it is now. I have offered her to move back into the house and I will find another place to live........what I want now is what is fair. It can't be fair if I am paying 12 months out of the year for children that I only have access to for 2months, and the cost to see them I have to bear as well. Flights for three people are not cheap either.
I am trying to find someone who has experience in this kind of situation. I don't want to pay lawyer's fees for him or her to learn as we go.

[logicalvelocity]

johnnycanada,

you may not like it, but child support and access are two different issues not to be intertwined unless paternity was in question. The obligation to support a child is paramount consideration in the eyes of the law regardless of what access regime is occurring for the child/children.

I believe your ex would be entitled to the share of the Canadian home as it appears that you were married and the home was a matrimonial home.

If your paying a monthly periodic spousal support amount in a volunteer capacity and without a court order, you will lose the tax deduction for same come income tax time.

lv

[johnnycanada]

Thanks for the reply LV. Any chance you know someone experienced in this kind of thing so I can get the ball rolling? Have to start somewhere, and after 3 years, it's time to get on with life.......

[logicalvelocity]

johnnycanada,

I noticed that you are in British Columbia, and you may want to check with a lawyer referral agency in your area.

lv