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QLD Former Spouse Evading Child Support Payments - Any Recourse?

Discussion in 'Family Law Forum' started by MONIQUE, 31 October 2015.

  1. MONIQUE

    MONIQUE Member

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    I have a history of being subjected to litigation abuse from my former spouse (a Canadian national/ citizen and got his NZ citizenship few years ago) regarding child support. He has been a resident now of QLD since 2012 but hasn't paid me support for our two children. He has evaded service and refused to provide contact and location details and moves from country to country to cause inter-jurisdictional entanglements.

    I just got a judgement in Supreme Court (British Columbia, Canada) this morning ordering my former spouse to pay significant arrears from 2012 (106148.16 Aus converted). In addition, he is ordered to pay 2230/month effective Oct 1, 2015. I need to file the order with our enforcement agency for inter-jurisdictional enforcement in reciprocal jurisdiction. We have a long and acrimonious litigation history and he has taken deliberate steps to evade his obligations.

    Historically, he had a previous order, issued in Canada pursuant to the Divorce Act varied in New Zealand and was made in such a way it failed the rules of comity and was made contrary to the Divorce Act. I am concerned, once filed, he will again engage in the same actions, causing incredible inter-jurisdictional entanglements and resulting in a multiplicity of orders which cannot be enforced. The law in Canada (where I and my children reside) are strict on variations to orders as they apply to the Divorce Act. Specifically, only a Canadian court can vary a Canadian Order." An income was imputed based on his skills, training, employment history and proof of job offers I submitted. Here are some questions I have:

    Can you think of some ideas to prevent him from changing the amounts ordered? He will routinely engage in underemployment to lower his payments.

    What is the usual procedure in QLD for enforcing lump sum awards for arrears owing?

    Would you have any pre-emptive suggestions to mitigate the chance the order can be manipulated or changed once registered in QLD?
     
  2. Victoria S

    Victoria S Well-Known Member

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    Hi Monique,

    The usual procedure for enforcing a lump sum that is owed to you by way of court order is to either bankrupt the person or apply to the court for an enforcement order such as a seizure and sale order. As for enforcing foreign judgements this is done under the Foreign Judgments Act 1991 and which sets out a procedure for enforcing foreign judgements. Canada is listed as a reciprocal jurisdiction under this legislation. In short you must apply to have it registered as an enforceable judgement - and if you obtain this it will be like having an Australian judgement.

    The Dept of Human Services does claim to go to significant lengths to stop child support evasion and does in some cases conduct extensive investigations. Have you discussed the matter with them yet? Or are they not involved since it is mostly overseas that you are getting these orders.

    I would see a good family lawyer about this as since its multi-jurisdictional its quite a complex matter.

    Collection and enforcement methods for child support - Australian Government Department of Human Services
     

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