Expat Forum For People Moving Overseas And Living Abroad banner

Status
Not open for further replies.
1 - 6 of 6 Posts

·
Registered
Joined
·
3 Posts
Discussion Starter · #1 ·
Advice please - I successfully gained PR in Canada via the spousal family sponsorship and we are currently still within the 3 year period. However, it is with great sadness that we have now split. However, my Canadian ex-partner has written to me advising that she is going to submit a small claims award against me for loss of monthly revenue for the remainder of the 3 year period. She has totaled all her outgoings and then billed me for 50% - making the claim in the region of $25k. Does anyone know if this is possible/legal and what I should do about this. I am not in a position to fund her 50% each month and remain in Canada.
 

·
Registered
Joined
·
4,458 Posts
She has to go to court which will decide if she's entitled to any monies from you. Is there any children in the situation and is she an income earner? Both or either situation could well be involved in any awards made. You really should consult a family affairs lawyer.
 

·
Registered
Joined
·
3 Posts
Discussion Starter · #3 ·
Thank you for your response - No, we have no children and we both have jobs and work (she is actually a higher earner than me). I am going out of my mind with worry about this. Hope someone can advise further. best wishes,
 

·
Registered
Joined
·
4,458 Posts
I'm not a lawyer but I can say with reasonable certainty that given the situation you've described she has little or no chance of getting any money from you. Under Canadian law if she's earning she has to stand on her own two feet and without children there certainly can't be any child support. Just ignore her until you receive some legal papers from her lawyer. Her threatening letter to you carries no weight, in my opinion.
 

·
Registered
Joined
·
713 Posts
I'm not a lawyer but I can say with reasonable certainty that given the situation you've described she has little or no chance of getting any money from you.
Hmmm… I would suggest that this comment is inaccurate. Obviously, the best course of action is to consult a lawyer, however, about a decade ago a very good friend of mine was in a similar situation. She sponsored her Irish partner for PR and within 3 years, broke up. No kids, she was a significantly greater wage earner than him. She successfully took him to court in Ontario and was awarded a settlement (which he promptly skipped on, running back to Europe instead). If your ex is using a lawyer, you should definitely get one of your own.
 

·
Registered
Joined
·
3 Posts
Discussion Starter · #6 ·
Many thanks for letting me know - I feared this and truly hope it doesn't come to this but I'll have to wait and see what happens. Its a really bad situation and one I never expected to happen. Thanks again.
 
1 - 6 of 6 Posts
Status
Not open for further replies.
Top