Legal Question in Family Law in New York
Support payments from Canada to the U.S.
Hi, I am a Canadian citizen who has been ordered to make child support payments to my wife in New York. these payments amount to 25% of my pay. I have no problem with that, however her lawyer is telling her that the 25% should be converted to US funds. eg: I make $100(can) 25% of that is $25(can) her lawyer says converted to US funds, I pay $27.50 US. Would I not pay $25(can) less legal exchange = $22.50 US ? I am paid in Canadian funds, not US.
1 Answer from Attorneys
Re: Support payments from Canada to the U.S.
A NY Court cannot directly enforce an Order upon a Canadian citizen employed by a Canadian company who lives in Canada.
However, NY has reciprocity for child support purposes with Canada.
As a result, your Canadian Court with child support jurisdiction should be the Court to transmit the funds from your employer to NY. And, is the Court best able to settle this matter.
Therefore, you probably should choose to directly pay via your local Court system, the child support ordered to NY's Child support collection unit.
Good luck,
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