Child Support Jurisdiction question

Anonymous Asked:

I was married and divorced in the UK. My ex-wife is a Canadian citizen. My son was born in the UK. My ex-wife has custody of our son. I pay child maintenance under an arrangement with the UK's CSA. My ex-wife is moving to Canada with my son and I want to continue to pay under the UK CSA regime using a REMO. My question is can my ex-wife change the order somehow so it falls under the Canadian child support methodology?

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A Family Lawyer

9 years ago

Once she has moved to Canada, your ex-wife is not required to return to the UK to vary the support order in the event of a material change in circumstances which would justify a change to the child support order. So to confirm after she moves to Canada should there be a need to change the child support order she may do so simply by making application to the court in Canada having jurisdiction to hear and determine the matter. Any issue of retroactivity would be interesting.

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