VIC not attending court due to leaving Oz

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Joe Black

Well-Known Member
9 January 2019
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I have been awarded a new job in Qubec Canada. It will be a chance of a new life and new start.
I am currently in the process of a divorce and already have a CSA payment schedule. There are consent orders already made for the children so that is not an issue.
My questions are 1. What will happen if I do not attend court regarding a financial settlement. I have already agreed the ex wife request about the property settlement. The property pool is very modest.
2. Can the CSA enforce payment from overseas. I have attempted to negotiate an agreement with my ex but she will not discuss it.
 

sammy01

Well-Known Member
27 September 2015
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1. Get an agreement before you go. The court decision is likely to be harsh in your absence. But with a modest asset pool, maybe it isn't worth the fight?
Canada has reciprocation with Australia about child support. So yes CSA will catch up with you in Canada.
 

Tim W

Lawyer
LawTap Verified
28 April 2014
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1. Quebec is not part of the Australia-Canada reciprocating jurisdiction arrangements.
The rest of Canada (Yukon excepted) is.
Factor that in, especially for when you decide to move/ get a new job/ get promoted in Canada in the future.

2. Orders or no orders, you should pay anyway.
Because they are your children. and therefore your responsibility.

3. You are not always and automatically required to hand over cash to the other parent.
Look up a thing called "third party payment arrangements".

4. Looking back over your previous posts, you have a lot of baggage.
I strongly suggest instructing a family law lawyer before you leave,
who can help you look after the things that will inevitably come up in the future.
 

Joe Black

Well-Known Member
9 January 2019
28
3
129
1. Quebec is not part of the Australia-Canada reciprocating jurisdiction arrangements.
The rest of Canada (Yukon excepted) is.
Factor that in, especially for when you decide to move/ get a new job/ get promoted in Canada in the future.

2. Orders or no orders, you should pay anyway.
Because they are your children. and therefore your responsibility.

3. You are not always and automatically required to hand over cash to the other parent.
Look up a thing called "third party payment arrangements".

4. Looking back over your previous posts, you have a lot of baggage.
I strongly suggest instructing a family law lawyer before you leave,
who can help you look after the things that will inevitably come up in the future.
Thanks Tim.
Will a lawyer be able rep me if I am out of the country?
 

Tim W

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28 April 2014
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Tim W

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rjm

Well-Known Member
2 February 2020
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7
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Crikey Joe. So you want half her superannuation, & not to pay child support?
 

Joe Black

Well-Known Member
9 January 2019
28
3
129
Crikey Joe. So you want half her superannuation, & not to pay child support?
Hi RJM,
I don't know what gives you that impression. I have never had any issue with paying child support hence asking for advice on what to do if I go to another country.
As for the super Ann, I don't want anything of hers at all.
 

Tim W

Lawyer
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28 April 2014
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