FRO enforcement over assets (quit work/leave country)

S

somealias

New member
Well some sad times for a friend of mine (no really it's not me, I've never been married yet ;)

Anyway the other party in the divorce is a dual citizen, has refused any talk of alimony after a 50/50 split of assets, and has said they would quit their well paying job and move overseas. The workplace in question is not entirely stable but high salary and lots of OT for more than the three year look back. The SS asked for is only 15% of current income until payer reaches retirement age plus the other half of the house. The country in question does not have an agreement with FRO. Marriage qualifies under long term/indefinite support duration.

My question is; what kind of enforcement options does FRO have against
1. Locked in RRSP
2. RRSP
3. half the house equity in cash arising from equalization.

Any way to not pay out house equity and keep as security for future non-payments? Lock down RRSP/LockedInRRSP assets?

Keeping in mind that I would not bet against the other side taking the cash, cashing out the RRSP and half the LIRA (age 55 unlock rule) and leaving to non-FRO agreement country either before FRO even comes into play or after a few token payments to keep current then cash in all chips and leave the table.

thanks
(my friend does have a lawyer but first they said it was possible to secure certain things then that they couldn't, so need a second opinion)
 
standing on the sidelines said:
so has the right to SS even been decided by a court?
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Has not gone to legal system yet. Offer to settle was written up by friend's lawyer (who obviously recommended to go for full amount and was unhappy that friend was willing to settle for lowball amount). Friend wishes to settle without going through the court system.

Don't want to get sidetracked but based on the circumstances SS is a given, and based on income differences using SSAG, it is not a small amount and meets the criteria for "indefinate"
 
standing on the sidelines said:
if the other party refuses to pay SS then your friend has to go to court, there is no way to avoid it.
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Right. And my question was, after SS is ordered, whats to stop the other side from cashing everything out, leaving the country, and stiffing friend on the SS while friend is stuck with a mortgage on half the house that they had to get to pay out the other side during 50/50 equalization?
 
somealias said:
Right. And my question was, after SS is ordered, whats to stop the other side from cashing everything out, leaving the country, and stiffing friend on the SS while friend is stuck with a mortgage on half the house that they had to get to pay out the other side during 50/50 equalization?
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Once equalization is done then either party can do what they want with their money...that is what equalization is for, to split the assets. But I am not a lawyer so I could be wrong.

SS is never certain. A judge may decide not to award SS. Your friend should worry more about getting into court to see if they are even entitled to SS. They are putting the cart before the horse.
 
If your friend can't afford the mortgage maybe she should sell the house. How did she end up paying him a large equalization payment? She must have savings and a job if that were the case.

If equalization was done properly she has no right to his savings. That would certainly be double dipping. He can say whatever he wants, many people say harsh things. You can't work on the what if's. Your friend needs to go to court and get an order if they are truly entitled to support, otherwise the ex is under no obligation to agree to anything
 
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