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Ex Husband left country to avoid paying spousal support

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  • Ex Husband left country to avoid paying spousal support

    I live in the province of New Brunswick, Canada. My ex signed a "Consent Order" agreeing to spousal support and this was included as part of our divorce. Several years ago, he completed his PHD and moved to the US, to avoid paying his student loans and spousal support and other debts. He moved to a state that does not enforce support orders from outside the state and I am suffering serious financial hardship. I am on a disability pension and cannot live on the small amount I get and I have been forced back to work (15 hours a week) to top up my income enough to cover my bills (most months) and to get health benefits to assist in covering my medication needs (which would cost almost half on my pension if I did not have these benefits). I am struggling with working. It is taking a toll on my health. My ex currently owes me approx $30,000.00 and has refused to pay anything, even though I have a signed and notarized agreement. I cannot afford to hire a lawyer and want to know if there is legal help for me, in the US, even though I am a Canadian Citizen. (My ex is in the US on a working Visa and married 2 months after our divorce became final and his new wife contacted me and has told me she plans on leaving him once she has saved some money)

  • #2
    Re: Ex Husband left country to avoid paying spousal support

    I wish to inform you that you can recover child support ordered in Canada from USA. In this regard both USA and Canada are parties to Hague Convention on the International Recovery of Child Support and Other Forms of Family Maintenance and order of one court can be recognized in other country. Further you can contact central authority under Hague Convention in Canada for enforcement in USA. In this regard you may contact Coordinator of Family Cases 14th floor, Assumption Place, 770 Main Street PO Box 5001, Moncton, NB E1C 8R3, 506-856-3844, Fax: 506-869-6148 .

    AFF

    Comment


    • #3
      Re: Ex Husband left country to avoid paying spousal support

      Originally posted by AFFA View Post
      I wish to inform you that you can recover child support ordered in Canada from USA. In this regard both USA and Canada are parties to Hague Convention on the International Recovery of Child Support and Other Forms of Family Maintenance and order of one court can be recognized in other country. Further you can contact central authority under Hague Convention in Canada for enforcement in USA. In this regard you may contact Coordinator of Family Cases 14th floor, Assumption Place, 770 Main Street PO Box 5001, Moncton, NB E1C 8R3, 506-856-3844, Fax: 506-869-6148 .

      AFF
      Spousal support is not child support. This reply is inappropriate, the information totally irrelevant.

      Comment


      • #4
        Re: Ex Husband left country to avoid paying spousal support

        In what state is your ex residing? And have you applied for an order of contempt, any order from the court declaring he is in default and the total amount? That is necessary in order to collect the lump sum judgment.

        There is a law facilitating enforcement of foreign judgments adopted by most states. If you supplement your post with the status of the default, whether it has been reduced to a judgment, I may be able to be of more help.

        You may also contact one of the attorneys with World Law here who specializes in international debt collection to guide you and represent you getting your $30,000 owed you. You need practial, hands on legal help more than advice or direction to self help.

        If you check the home page and query for a lawyer who does international debt collection, in Canada, one would think your first choice, you will have a better chance of getting what is owed you.

        Comment


        • #5
          Re: Ex Husband left country to avoid paying spousal support

          My ex is living and working in Wisconsin. His current wife and step son has just left him so he cannot use her as an excuse to avoid paying. He has moved a "Fiancee" into his home (actually 1 month prior to the wife leaving) He has missed 2 biometrics appointments, so I am not sure what his status in the US is currently. He is a tenured professor and makes good money.

          Comment


          • #6
            Re: Ex Husband left country to avoid paying spousal support

            Originally posted by Unregistered View Post
            My ex is living and working in Wisconsin. His current wife and step son has just left him so he cannot use her as an excuse to avoid paying. He has moved a "Fiancee" into his home (actually 1 month prior to the wife leaving) He has missed 2 biometrics appointments, so I am not sure what his status in the US is currently. He is a tenured professor and makes good money.
            The US recognizes and has agreements with Canada and 25 other countries to collect and enforce child support agreements. It is federally administered and mandated under the federal Office of Child Support Enforcement, and office of the Administration for Children and Families. Also, through the NCSEA you may also be able to get some help. The latter has a very informative web page I suggest you read.

            Under the Hague Convention the US and Canada, long partners and allies who cooperate in social issues cross borders and have for years, have access to each other's data bases of income, social security, immigration, tax records and far more than the average citizen realizes. it should be possible once a case is opened to collect from this man through tax refunds due in addition to any consequences meted out in court.

            Although some states will not recognize other states' support orders, all will cooperate when it is an international collection case such as this.

            If you need additional information, please do not hesitate to post back.

            Comment


            • #7
              Re: Ex Husband left country to avoid paying spousal support

              In OP's case it does not appear she qualifies for services, due to the absent of an associated child. Here is a clarification letter for services:

              http://www.ncsea.org/wp-content/uplo..._LAWPOLICY.pdf

              Originally posted by Friend In Court View Post
              The US recognizes and has agreements with Canada and 25 other countries to collect and enforce child support agreements. It is federally administered and mandated under the federal Office of Child Support Enforcement, and office of the Administration for Children and Families. Also, through the NCSEA you may also be able to get some help. The latter has a very informative web page I suggest you read.

              Under the Hague Convention the US and Canada, long partners and allies who cooperate in social issues cross borders and have for years, have access to each other's data bases of income, social security, immigration, tax records and far more than the average citizen realizes. it should be possible once a case is opened to collect from this man through tax refunds due in addition to any consequences meted out in court.

              Although some states will not recognize other states' support orders, all will cooperate when it is an international collection case such as this.

              If you need additional information, please do not hesitate to post back.
              Due to a recent promotion, I should now be referred to as Major Obvious.

              I would not be trying to provide information and knowledge if I did not sympathize.

              Some days it is just not worth chewing through the restraints to face life.

              Comment


              • #8
                Re: Ex Husband left country to avoid paying spousal support

                Judicial orders from other countries can be collected upon in the US. What needs to be done if it has not already, is to reduce the delinquency to an order, a total amount now due.

                Then that judgment can be transcribed into the U.S. and collected as any other judgment. Against salary by garnishment, against bank accounts, real and personal property such as boats, cars, homes.

                Do you have a judgment for the total amount in default?

                Once you have a judgment for the delinquent amount, then you may contact any of the professional firms of lawyers who collect on such debts. Their arrangements with you should be no fee unless they collect for you.

                Comment


                • #9
                  Re: Ex Husband left country to avoid paying spousal support

                  There is no agency in the United States that will enforce a spousal support order from another jurisdiction without an associated current child support order. However, under the principals of comity it might be possible for the OP to engage a lawyer in the state where the ex-husband resides who can register the order for enforcement there and apply some enforcement remedies such as a writ, levies or garnishment.

                  Comment


                  • #10
                    Re: Ex Husband left country to avoid paying spousal support

                    Originally posted by SupportAttyGuy View Post
                    There is no agency in the United States that will enforce a spousal support order from another jurisdiction without an associated current child support order. However, under the principals of comity it might be possible for the OP to engage a lawyer in the state where the ex-husband resides who can register the order for enforcement there and apply some enforcement remedies such as a writ, levies or garnishment.

                    It was suggested she get the arrears reduced to a judgment. THEN she can collect the judgments against him in the US.

                    There can be no levies or attachments unless and until the judgment is transcribed here in the US.

                    Foreign judgments can be registered and collected in another country. Judgments from Canada have less scrutiny than from other countries for the US and Canada have basically the same protections of due process.

                    Comment


                    • #11
                      Re: Ex Husband left country to avoid paying spousal support

                      Originally posted by Friend In Court View Post
                      It was suggested she get the arrears reduced to a judgment. THEN she can collect the judgments against him in the US.

                      There can be no levies or attachments unless and until the judgment is transcribed here in the US.

                      Foreign judgments can be registered and collected in another country. Judgments from Canada have less scrutiny than from other countries for the US and Canada have basically the same protections of due process.


                      Another non sequitur.

                      Comment


                      • #12
                        Re: Ex Husband left country to avoid paying spousal support

                        Originally posted by SupportAttyGuy View Post
                        Another non sequitur.
                        But right as rain.

                        Comment


                        • #13
                          Re: Ex Husband left country to avoid paying spousal support

                          Originally posted by Friend In Court View Post
                          But right as rain.
                          You wish.

                          Comment


                          • #14
                            Re: Ex Husband left country to avoid paying spousal support

                            Under section 34(1) of the Support Enforcement Act, the court may issue a certificate in the prescribed form stating the amount that is due under any Order made under this Act of Part VII of the Family Services Act and the name of the payer, and the certificate upon its production to and filing in the court shall be entered and recorded in the court , and when entered and recorded becomes a judgment of the court and has the same force and effect and all proceedings may be taken under the certificate, as if it were a judgment obtained the court against the payer.

                            This is a quote from my FSOS (Federal Support Order Services) worker.

                            This issue has been carrying on for many years and my health is starting to fail and the need for a resolution is getting more and more pressing. I am even willing to make the effort to go to Wisconsin if I need to represent myself in court. (I would need to borrow the money and have someone accompany me due to poor health but I will do whatever it takes to resolve this.......

                            Comment


                            • #15
                              Re: Ex Husband left country to avoid paying spousal support

                              Originally posted by Unregistered View Post
                              Under section 34(1) of the Support Enforcement Act, the court may issue a certificate in the prescribed form stating the amount that is due under any Order made under this Act of Part VII of the Family Services Act and the name of the payer, and the certificate upon its production to and filing in the court shall be entered and recorded in the court , and when entered and recorded becomes a judgment of the court and has the same force and effect and all proceedings may be taken under the certificate, as if it were a judgment obtained the court against the payer.

                              This is a quote from my FSOS (Federal Support Order Services) worker.

                              This issue has been carrying on for many years and my health is starting to fail and the need for a resolution is getting more and more pressing. I am even willing to make the effort to go to Wisconsin if I need to represent myself in court. (I would need to borrow the money and have someone accompany me due to poor health but I will do whatever it takes to resolve this.......
                              Why do you feel entitled to his money when you don't live together? To be clear, if it was child support, I would agree 100%, but you should have some really good reason for why it is fair to live off someone else's income, that probably don't even want much to do with you. If you in a major way supported him during his education, or he forced you to quit your career, I would have sympathy, but otherwise, I think you should focus on solving your own problems, on your own.

                              Comment

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