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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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  #1  
Old 01-01-2021, 03:43 PM
djyk2020 djyk2020 is offline
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Default Child support enforcement if payor is outside of Canada

I filed paperwork for an Uncontested Trial back in Nov 2020 because the other party did not show up for the first case conference and has given no response or financial disclosure to my child support claims (other party has not paid since March 2020). There has been no final judgement on the uncontested trial request yet.

If he leaves Canada to try and avoid FRO from enforcing child support and it's a country that has no reciprocating agreement with Canada, am I pretty much screwed at that point?

This scenario hasn't happened but I'm curious as to what options I may have if it does. I guess since he has avoided all communication and child support payments, it's crossed my mind that he may try to run away...

Thanks in advance for any advice, etc.
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Old 01-01-2021, 05:29 PM
rockscan rockscan is offline
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If the ex does run away and an order is given, you can have it sent to an enforcement agency who will then continue to log it. If they attempt to come back to Canada, they will run the risk of having their passport seized, the arrears put against future income and assets and potentially be jailed.

It doesnt help you now but the debt does follow them. My father was still being garnished at 80 until my mother died.


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Old 01-07-2021, 02:12 PM
djyk2020 djyk2020 is offline
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@rockscan, thanks for the reply...

I called the court and asked for the status of my uncontested trial request. They said it might be a few more weeks before a judge will look at it. But now I'm getting paranoid that the ex might try to flee to his home country (Philippines) which doesn't have any reciprocating agreement with Canada.

Is there a way for me to prevent him from leaving Canada while the case is still pending?
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Old 01-07-2021, 03:32 PM
rockscan rockscan is offline
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I dont think there is a way unless he is in such high arrears they have taken his passport.

Even if he stays he could go on social assistance and you wont get anything. As they say, you cant get blood from a stone.


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