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Husband decides to live abroad - financial support ?

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Anonymous Asked:

My husband decided that he wants to leave his family of 2 kids (2 and 5) and go follow his dream of freedon and live abroad. My question is about the financial support. How can the canadian law make sure that I get the financial support even though he wont be living in Canada?

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Andrew J. Kania, LL.B., LL.M.
6 years ago

Answer: I need to know what “abroad” means. Some jurisdictions have reciprocal enforcement agreements with Canada, such as most USA states. If so, this means that they will also enforce an Ontario support Order.

In addition, we can claim “lump sum” support in the circumstances, meaning that if there is enough “property” we can claim more of it (such as net equity from a matrimonial home) to compensate you now. We could also seek to hold such property “in trust” so that it is available for periodic payments. There are viable options to protect you, subject to the unique facts of your case. If you call me I would be pleased to provide you with a free consultation.

(The information provided above is general, not legal advice, as circumstances vary from case to case. Thus, if you wish legal advice that you can rely upon for your specific case, please contact Andrew Kania for a free consultation).

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