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Clare, Family Solicitor
Category: UK Family Law
Satisfied Customers: 32994
Experience:  25 years experience of all aspects of family law
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A reciprocal maintainence order was made in an Ontario Canada

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A reciprocal maintainence order was made in an Ontario Canada court. How can I address the amount through a British court in relation to my current earnings.
Thank you for your question, I shall do my best to assist you.
I am very sorry but sadly I can only give you bad news.
The rate at which payments are set is determined by the Canadian Court alone and you will have to apply in Canada to challenge the amount payable.
The UK courts can only set the maximum that you can afford to pay - if it is less than you have been ordered to pay then the balance will accrue as arrears
I am sorry this was not the news that you wanted - please ask if you need further information
I am sorry that you thought my service was poor meaning that I get no credit for my time (and which i snot necessary for a refund)
I am well aware that I was not able to give you the answer that you wanted.
The amount of child maintenance you have to pay overall cannot be challenged here in the UK - the only figure that is set by the court is here is the amount they are prepared to take off you each month
If you need further information then it would be helpful if you could confirm which area you wish me to enlarge upon
Clare and other UK Family Law Specialists are ready to help you
Customer: replied 3 years ago.

I have never been party to the Candian law proceedings which is based on supposed earning based on my experience and qualifications

Are you saying they can impose any maintenance charges without my knowledge
I am afraid that if the Canadian Courts set the figure then you have to apply to the Canadian Courts to vary the amount - based this time on your actual earnings.
Customer: replied 3 years ago.
At the time the court set the rates I was not or never was in receipt of income. So all I have requested on what basis did they establish these rates.
You raised this in the UK law section as you wished to know if it could be dealt with in the UK - it cannot
However since I am a Uk law expert I cannot comment on what the Canadian Courts do.
However I can confirm that in an English Court if the other party fails to attend or give details of income and expenditure then the court has the power to make any award it considers appropriate if it so wishes and I have no reason to think that the Canadian courts do not have the same power - but you could ask my Canadian law colleagues if you wish to check

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