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  • International CS

    Hi

    I've been complying with a Canadian Court Order for my Canadian Resident child since 2011. I live in Europe.

    There have issues with my ex saying I am not sending enough money. She wont go to mediation to sort the money issues out. They are things such as trying to determine how much I earn in Canadian dollars. I asked to give her post dated cheques in January of each year with the euro amount from the Federal guidelines. She refused.

    Whats the best way to determine how much I earn in CDN?

  • #2
    Also I've spent at $120,000 dollars in last 5 years on access costs - which is approx 52% of my net income. Child support is on top of this. I pay approx 48% tax on my gross income. The Canadian court didnt consider this too much or the fact the ex earns more than me. Would this be typical. The ex is supposed to contribute to travel (apprx 1000 a year so 5000) but refuses to do so as says I dont pay enough child support.

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    • #3
      I am not sure if this is helpful or not however I found this...

      Currency exchange rates
      Changes in currency rates may affect your support payments.

      If your support order was made outside of Canada and then registered in Ontario, the order is converted to Canadian currency using either:

      the exchange rate that was in effect on the date of the order, if available from the Bank of Canada, or
      the exchange rate from the date the order was registered in Ontario.
      The converted amount is the amount that the Family Responsibility Office can enforce.
      Read more here

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      • #4
        Who moved - you or mom? I'm assuming mom moved with child since she is supposed to contribute to access costs?

        You would pay CS based on where child lives. Not where you live. But I can't answer the other questions.

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        • #5
          Mom moved back to Canada

          I have paid cs based on Canadian province. I accepted an exchange rate in court a few years back. The exchange rate fluctuated wildly since as in Euro was very weak and cdn was strong now the inverse. I've continued to pay court ordered amount but it's out of date and can't get ex into mediation to discuss it.

          The financial side is brutal for me. The cdn court doesn't have problem with access costs being 20 grand a year. Is this normal ? Should I go back to court?

          Comment


          • #6
            considering she moved you may be able to get your cs cut down due to the high access costs but you have to ask for it. I think it may be worth your while to go back to court.

            Comment


            • #7
              Thanks for the replys. She has two options in the court order for access costs. She can collect child after she has spent summer with me or she can pay for me to return child (I guess court can't force her abroad?). She refused so far to come and collect child or bring child so I've been paying for three transatlantic flights in summer.

              However this year she will take her holidays in europe (250 miles from me) and returning to Canada 3 days before I was scheduled to fly to Canada and bring kid back to Europe. Is this her perogative? Or would a judge be sympathetic to financial strain on me and physical strain on kid and me ?

              Comment


              • #8
                i would ask for a reduction in child support up front to cover trips. Best to make a budget of how many trips and the total,costs, then submit for 33% reduction in child support. There is a recognized Canadian exchange rate with the Euro. I use it each year for income tax purposes. I would suggest an annual review each year on a specific date say December 31 where you take the annual exchange rate from Bank of Canada and apply that to calculation of CS. This is the amount you would send each month starting jan 1 of next year.

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                • #9
                  Originally posted by LostKingdom View Post
                  Also I've spent at $120,000 dollars in last 5 years on access costs - which is approx 52% of my net income....
                  With numbers like this... Might I recommend you retain proper legal counsel in Canada to assist you? I am not trying to be rude but, you will get better and more directed advice than a public forum filled with opinion. If you are spending 25,000 per year in access costs it may be worth it to retain a good lawyer. It will be money well spent as you can significantly reduce the access costs you are experiencing with a better access schedule.

                  Good Luck!
                  Tayken

                  Comment


                  • #10
                    Thanks for the advice. I did have a lawyer, guts of 30000 cdn charged me, and above is deal they got ( on plus side have great access to kid). It's not sustainable and now I live paycheck to paycheck. I tried to hire others but wanted 3000 retainer up front . So I could stop seeing kid for a few months and give travel money to more lawyers.

                    Comment

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