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US husand, to sponsor = any responsibility for his child support agreement?

RisaLK

Newbie
May 7, 2013
7
0
HI, 2 main questions:

I am looking to sponsor my american soon to be husband.

He has 4 kids with his ex, equal custody but 3 live with her.
one under the age of 18. He has a private Child Support agreement with his ex for the 14 yr old until she reaches 18. His divorce filing included this mutual written agreement.

The 14 yr old is indicating she would want to come to Canada.
The 18 year old has not indicated she wants to go to college.
the 20 year old is moving in with his gf to another state & job.
the 22 yr old was in college but did not return last year due to financial shortfalls ( finances from his grandparents, not his mother since they can't afford it). He is in full time work now in another state.

1)
If I sponsor him ( family class means After we are married, yes I know) does that mean I support for the 3 year period ALL his financial responsibilities like any debt and child support payments?
or only that I take responsiblity for the IN CANADA expenses for 3 years?

2)
and since we are married, "household" income in Canada would mean his child support payments would have to increase ( meaning I would have to contribute to his payments ) ??

i)
I read somewhere that any late payments over $2500 would bar him from leaving the US unless he pays them first ( should he go down to visit), does that apply only if his ex were to initiate court proceedings for late payments. ie enter them into record

ii)
Also, for the application medical & police records would only have to be done for the Under 18 Child right?
whether or not she actually comes to Canada
(name the others, but the records don't have to be included)
 

canuck_in_uk

VIP Member
May 4, 2012
31,553
7,207
Visa Office......
London
App. Filed.......
06/12
1. You are only responsible for supporting him in Canada; basically, this means that if he doesn't work, you have to support him so he doesn't claim welfare. If he claims welfare, you have to pay the government back. You are not responsible for his debt and child support payments; if he defaults on those, it's his problem to deal with in the US.

2. You say he has a private agreement with his ex; as long as you didn't sign the agreement as well, you are not responsible for these payments in any way. It is a legal contract he has with his ex.

i) Don't know.

ii) Look here http://www.cic.gc.ca/english/immigrate/sponsor/spouse-apply-who.asp at the definition of dependent children.

The 14 and 18 year olds are definitely both dependents. The 14 year old doesn't need a police record.

If the 20 year old has lived with his gf for at least a year, they are common-law and he is not a dependent. If they do not qualify as common-law, then he is still a dependent.

As long as the 22 year old is no longer a student, he would not be considered a dependent.
 

scottishmaple

Hero Member
Oct 9, 2012
696
12
Where it always rains
Category........
Visa Office......
London
Job Offer........
Pre-Assessed..
App. Filed.......
09-08-2012
AOR Received.
11-09-2012
File Transfer...
25-09-2012
Med's Done....
21-06-2012
Interview........
HOPE NOT
Passport Req..
EXEMPT
just to add, all the children will be required by CIC to have a medical exam done whether they are accompanying or not.
 

canuck_in_uk

VIP Member
May 4, 2012
31,553
7,207
Visa Office......
London
App. Filed.......
06/12
scottishmaple said:
just to add, all the children will be required by CIC to have a medical exam done whether they are accompanying or not.
Not all of the children, just the ones considered dependents.

To the OP, something for you to consider, CIC is changing their definition of dependent child as of Jan 1st, 2014. http://www.cic.gc.ca/english/department/media/backgrounders/2013/2013-05-10a.asp.

If you file the app after Jan 1st, the 2 older children definitely wouldn't be dependents and if the 18 year old has turned 19 by then, s/he wouldn't be either. Only the 14 year old would need to be included in the app. Would definitely save some trouble and money in terms of getting medicals and police certificates.
 

RisaLK

Newbie
May 7, 2013
7
0
the fees in this new criteria, are only paid if they are accompanying the applicatant to Canada? ( not counting what you have to pay in your home state for medical, police checks etc)
or do you pay the family member $150 fee for dependents whether they are coming or not.