Does an arrears balance (but NOT default) on support pmts excludes eligibility ?

[OttawaHere]

Hello

I am about to send in my application to sponsor my partner but am facing a situation. I have an arrears balance on child support (from a prior relationship) that is being automatically paid on a monthly basis via payroll deductions. I am not in default by any means - its just that there is a balance and its being paid on a monthly basis and has been this way for the past year.

I've read some commentary that as long as I am not in some court default I can apply. I am NOT in a court default but I do have an arrears balance that is being paid off on a regular basis. The arrears balance is also on the CRA assessment notice.

Will this automatically exclude my eligibility?

 

[sashali78]

Hello

I am about to send in my application to sponsor my partner but am facing a situation. I have an arrears balance on child support (from a prior relationship) that is being automatically paid on a monthly basis via payroll deductions. I am not in default by any means - its just that there is a balance and its being paid on a monthly basis and has been this way for the past year.

I've read some commentary that as long as I am not in some court default I can apply. I am NOT in a court default but I do have an arrears balance that is being paid off on a regular basis. The arrears balance is also on the CRA assessment notice.

Will this automatically exclude my eligibility?

This is what CIC website says about sponsorship requirements:
"You may not be eligible to be a sponsor if you:
...
- did not pay alimony or child support even though a court ordered it,
..."
Does this apply to you? Probably yes, as the existence of arrears and automatic deduction from your pay can serve as an evidence that you did not pay that amount voluntarily.
In your situation, i would consult an immigration lawyer before applying to see if there is anything you can do or any extra documentation you can provide to show your current situation in more favorable light.

 

[OttawaHere]

The support payments are all automatically handled by FRO (its a provincial office that handles all support payments that was court ordered).

It doesn't have anything to do with voluntary or involuntary as both parties could have agreed to the amount (which is the situation in this case) but as long as the divorce went through the court system it becomes a court order.

In my case there was an arrears balance based on the court order and I'm paying that in addition to the regular support payments, all managed via FRO. It will be another 2 years on the current schedule before all the arrears is cleared out.

All of this is documented by FRO and there has never been any late payments of any kind - its all automatic and court ordered.

The issue is that the arrears balance does show up ... but its not in default and has never been. All payments have been up to date and has been since the beginning. My understanding is that a default occurs when a payment does NOT happen or I didn't pay like I was suppose to.

I've read several conflicting posts on the so was wondering if anybody has encountered this situation.

 

[Harju]

The guide says you cannot sponsor

"If you are in default of support payment obligations

You were ordered by a court to make support payments to a spouse or child and have neglected to do so.
You may not sponsor until you resolve the family support matter."

If you are making payments according to a court order you should be fine. Default means you are not making payments in accordance with the court order

 

[sashali78]

The support payments are all automatically handled by FRO (its a provincial office that handles all support payments that was court ordered).

It doesn't have anything to do with voluntary or involuntary as both parties could have agreed to the amount (which is the situation in this case) but as long as the divorce went through the court system it becomes a court order.

In my case there was an arrears balance based on the court order and I'm paying that in addition to the regular support payments, all managed via FRO. It will be another 2 years on the current schedule before all the arrears is cleared out.

All of this is documented by FRO and there has never been any late payments of any kind - its all automatic and court ordered.

The issue is that the arrears balance does show up ... but its not in default and has never been. All payments have been up to date and has been since the beginning. My understanding is that a default occurs when a payment does NOT happen or I didn't pay like I was suppose to.

I've read several conflicting posts on the so was wondering if anybody has encountered this situation.

FRO is not always involved. In many cases people manage to decide on the amounts of support outside of the court and then the court decision involves only divorce order but not support order. Even in case of support payments order the recipient of the support can elect not to receive the payments through FRO.
In your case it seems that your ex-spouse choose to get both court order and FRO involvement and there is also the issue of debt.

I am not trying to judge you - just to look at the situation from subjective CIC officer perspective and from that perspective it may look like you have missed payments in the past. That is why i suggested you to get a lawyer advice and see what documentation you can bring to prove you are NOT in default on your obligations. I wish I could just say "don't worry, it will be just fine buddy" but i think it would not be helpful to you.

 

[Ponga]

FRO is not always involved. In many cases people manage to decide on the amounts of support outside of the court and then the court decision involves only divorce order but not support order. Even in case of support payments order the recipient of the support can elect not to receive the payments through FRO.
In your case it seems that your ex-spouse choose to get both court order and FRO involvement and there is also the issue of debt.

I am not trying to judge you - just to look at the situation from subjective CIC officer perspective and from that perspective it may look like you have missed payments in the past. That is why i suggested you to get a lawyer advice and see what documentation you can bring to prove you are NOT in default on your obligations. I wish I could just say "don't worry, it will be just fine buddy" but i think it would not be helpful to you.

Excellent advice, IMO.

+1

 

[OttawaHere]

Thanks ... understand ... I don't take it personally. I am getting legal advice outside of this forum ... just wandering if anybody had the same situation and what occurred in their circumstance.

For what its worth, I have never missed a single payment but for various reasons it had to go through the court. All the FRO documentation will show it has been occurring on time, etc etc since the order was made. The arrears balance arose because the new monthly amount was different and then that difference times the number of months built up a balance. Its the issue of the arrears that I am concerned with - the fact that I AM paying regular monthly payments on the arrears rather than a lump sum.

 

[tetraregal]

Hello guys. I am also facing a related problem. What if I am behind on alimony in another country (US). Will that affect me too? or only court ordered in a Canadian court?