Question:

Can I sue my ex for $5000+ owing to FMEP in child support?

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My ex has had no involvement with the child since birth, but will not consent to an adoption. My wife and I want to travel internationally with our 2 kids (one being from the previous relationship), but cannot without a passport - which natural mother will not sign for. It seems that the money owing to us is the only card we have to play to make an adoption happen. Can we sue, and how? We live in a different province then the payor.

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5 ANSWERS


  1. Sounds like a bribe


  2. That depends on what province the child maintenance order was drawn up in. You can try to have her rights terminated though. If you can prove abandonment, and it certainly seems you have grounds for it legally, then you will be open for adoption. If you need help navigating ( I assume you are in Canada) the laws send me a msg or email at andraya77@telus.net. I too have had to go this route to have an adoption approved, though in a totally different light.

  3. I would think so, but call you local Child support enforcement office...

  4. If you have sole custody you should be able to get a passport.  FMEP will get that money for you.  They garnish wages to get it for you.  They stop the payor from getting a drivers licence or renew car insurance.  You should have that money by now.  That is one of the great things of FMEP.  Call a FMEP counsellor to get your money.  Talk to a family law lawyer about getting a passport.  MAybe you can trade the money owing for an adoption??

  5. Do you have a court order granting you sole custody of the child?  If so, then that is all you need to apply for a passport for your child.

    Otherwise, is there court ordered child support?  If so, then I think there are several legal avenues to pursue to begin getting any child support monies she has not paid (such as getting the federal government to without IRS refunds from her).

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