Collecting child support from father in Canada (from US)

This is a discussion on Collecting child support from father in Canada (from US) within the Child Custody & Support forum, part of the FAMILY LAW, DIVORCE, CUSTODY category; i live in Tennessee, my daughter is 5 years old, and her biological father lives in Quebec, Canada. he did ...

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Old Jul 12th, 2010, 02:23 PM   #1
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Default Collecting child support from father in Canada (from US)

i live in Tennessee, my daughter is 5 years old, and her biological father lives in Quebec, Canada. he did not want this child, and has never been a part of her life. i have since remarried, and have another child with my husband.

i would like to pursue child support from her father. is there any possibility of winning a case such as this, and are there any laws or agreements between the US and Canada (or specifically Tennessee and Quebec) regarding the collection of child support across the border? does the fact that i am remarried have any effect on the courts awarding child support?
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Old Jul 12th, 2010, 03:28 PM   #2
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Default re: Collecting child support from father in Canada (from US)

You'd have to ask what your motive is at this point, especially since you are now married, to go after child support from a man who may or may not (in legal terms) be the father. Why have you waited so long to pursue child support? These questions will be asked by a judge, so be prepared to answer them.

It's not unheard of, but you will have an uphill battle. If his paternity was never established legally, and you are married, with the child probably believing that man is the father, you are going to open up a can of worms best left lidded.

Once you open up this avenue, you will have given him perfect legitimate reason to fight you for actual custody of the child. Right now he has no rights. Once you initiate child support, you are opening the door to his legal right to fight you for custody of the child. Be prepared for that.
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Old Jul 12th, 2010, 03:43 PM   #3
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Default re: Collecting child support from father in Canada (from US)

Contact the child support enforcement agency in your area they will be able to send you the paper work needed. The 'UIFSA' is the governing US law regarding juristiction, enforcement and collection of Child support when one parent lives in a different state and they consider Canada as a State when dealing with child support.

They will mail you the paper work to get the ball rolling. It will take months before anything actually gets started there is no rushing cross border child support collection. In Canada it is the Family Responsibility Office (FRO) that deals with collection and enforcement. Once a child support order is made it will be sent to them. They will collect the support payments from the payor and send it to the agency in your area who will convert the amount to US funds and send it to you.

you can call the FRO directly 1-800-267-4330 or 1-416-326-1817 They can also give you advise on what you need to do. There is always a wait when you call so expect to be kept on hold for a bit, there is no other number to speak to anyone so be patient. They are your best friend if you collect support in Canada, they are also the agency that enforces if the payor is late with payments.

Child Support is not linked to Custody in any way. Someone can not take custody from you because you ask for Child Support. Any parent has the right to access of thier child and can file for the Court to grant them Custody but if the Ex has not been in the childs life at all then it is unlikely that you would lose Custody. The court takes into account the best interest of the child and I agree that they sometimes have a twisted idea of what that is but they do not take a child from the primary caregiver and custodial parent without very good reason and asking for child support is not a good reason.
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Old Jul 12th, 2010, 03:49 PM   #4
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Default re: Collecting child support from father in Canada (from US)

Fool. Child support and custody go hand in hand. Once paternity is established, via getting the child support, that is all the proof needed for paternity and as such, he can then petition the court for custody of the child. One cannot and does not exist without the other. What do you think? Women can go around naming anyone they want and target them for child support yet get to keep the child all to themselves? Wake up. It doesn't work that way.

This "best interest of the child" foolishness is only for the gullible and naive. The court has no interest in any such thing. Further, while the court may not grant the father in this case custody (although it's possible), it does not stop the father from petitioning the court for custody of his child.

Further, Canada is not considered a "different state". It is an altogether different COUNTRY, with different laws, customs and rules.

Stop giving people the false impression that they can simply go after a man for child support and not have to share custody with that father. It's much more complex than that, and the father CAN seek custody, or at the very least, visitation once child support has been established.
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Old Jul 12th, 2010, 04:46 PM   #5
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Default re: Collecting child support from father in Canada (from US)

I'm not a fool. I live in Canada and my ex lives in the US. I have been to court in both countries and am very well informed about the laws in both countries. Section 19 of the UIFSA states:

(19) “State” means a State of the United States, the District of Columbia,
Puerto Rico, the United States Virgin Islands, or any territory or insular possession
subject to the jurisdiction of the United States. The term includes:
(i) an Indian tribe; and
(ii) a foreign jurisdiction that has enacted a law or established
procedures for issuance and enforcement of support orders which are substantially
similar to the procedures under this [Act], the Uniform Reciprocal Enforcement of
Support Act, or the Revised Uniform Reciprocal Enforcement of Support Act.

They consider and foreign jurisdiction as a STATE when enforcing this law internationally. Canada is considered a state when enforcing this law despite it being a different Country. They did not make the law for every country they included a provision if the different country had similars laws and called those countries STATES.

As for Child support and Custody, Legally they are not connected. You can not with hold visitation if child support is late, you can not pay more to get your child more. There are completly seperate laws governing each issue. A woman can not simply demand Child support from any man, she does have to prove paternity to the court. In the same regards Any man can not demand Custody of any child without proving paternity. the courts treat each area seperatly. I believe every parent should support thier children and every parent should be involved in the childs life. the original poster was only asking about Child support and even if she didn't file for support the Father could still file for Custody.

There are people that pay child support and don't see thier children and people taht don't pay child support that have access. If they were directly connected they the same laws would govern both and there is not one country that treats the two under the same law. In many cases the amount of access can influence the amount of support 60/40 rule but still they are governed by different laws. Wishing they were connected or tinking they are does not make it so. As I said I have been in several courts, (Michigan, Virginia, Florida, Washington D.C., California and Ontario, Canada) All the courts agreed that Child Support and Custody are seperate issues in the eyes of the Law and one can not use the other as a barganing chip.

Original poster **** Google 'Uniform Support Petition' it will give you the form online to complete and includes the form for proving paternity.
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Old Aug 3rd, 2010, 09:47 PM   #6
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Default re: Collecting child support from father in Canada (from US)

I am in the same position, I am a canadian living in the US, have a US child for a CDN father, how do I persue this case? Thanks for the postings, atleast its a start for me. Thanks.
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Old Oct 14th, 2010, 07:27 PM   #7
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Default re: Collecting child support from father in Canada (from US)

What about sueing for Child Support from South Africa. I'm living in California, but my son's biological father is living, remarried with 2 children living in South Africa. He's almost never paid child support, probably 2 times in my 11 year old's life. He's never had an interest in my son. I took him to court just after my son was born, but then he claimed that he didn't have a job and living on the street. Can I claim child support from him now, 11 years later, knowing he has a stable job? I just recently started working, so am struggling to keep my head above water. Anybody with genuine information.
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Old Oct 11th, 2012, 07:28 PM   #8
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Default re: Collecting child support from father in Canada (from US)

We have been dealing with trying to get child support stopped between NYS and Quebec for ages. It seems no one has a clue how to do it! The "child" has been living with her boyfriend since she was 16. She was not living with her mother, not in school and working, so attempted to get it turned off at 18 since that's the rule in Canada. They insisted 21 because that's what it is in NYS..so be it..actually managed to get it turned off a little passed 21 ( got a call from the child saying it was interfering with welfare payments to her mom so we finally got someone to listen ) Then out of the blue, they resumed it!

She will be 24 in January and has a fiance and baby of her own. Can't even find an attorney that will take it because it is a different country. He talked to his ex who claims she spends it on their daughter..can't seem to get thru to her that she is no longer entitled to it.

It's been a strange situation from the start. They take money right from paycheck. It was suppose to be X amt of dollars once a month. Instead of doing that, because he gets paid every two weeks..they take double the amount! and no one seems to be able to get it settled..Canada says it's up to NYS..NYS says it's up to Canada....frustrating!

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Old Feb 11th, 2013, 02:47 PM   #9
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Default Re: Collecting child support from father in Canada (from US)

What if the biological father has signed custody (the mother signed over her rights); he then moves to Canada the child goes to visit her mother in Texas and her mother keeps her and is now sewing the dad for custody. Does she have any rights to do so and if so how can he fight her? The dad pays for the childs clothes,school supplies, feminine products, health insurance and anything else she requires or wants.
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