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Debra
Debra, Lawyer
Category: Canada Law
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Experience:  Lawyer
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My ex wife received financial aid from Alberta Human

Customer Question

My ex wife received financial aid from Alberta Human services during our divorce court proceedings. I paid her everything the court told me to pay. Now Alberta Human Services is demanding I repay them the almost $14,000 they gave my ex wife. Is it against the law for me to not pay them back? I have documented proof that she lied to the court about not receiving any financial aid from anyone - including the province.
Submitted: 2 years ago.
Category: Canada Law
Expert:  Debra replied 2 years ago.

Is this about your signing a financial undertaking when you sponsored your former spouse?

Customer: replied 2 years ago.
I did sign that undertaking, and I did pay everything the Alberta Queen's Bench Court Justice instructed me to - which actually had me paying her money past the date of completion of the 3 year Sponsorship Undertaking time period
Customer: replied 2 years ago.
I just want to know. If I refuse to pay back Alberta Human Services does that constitute a crime, or any action for which I could be arrested?
Expert:  Debra replied 2 years ago.

You will be sued if you don't pay because you cannot breach the undertaking. You owe the government the money.

If your former spouse lied and you had to pay her more because she said she was on governmental assistance then you can seek an order requiring her to pay you the $14,000.

This is a civil matter so you can only be sued and not charged or arrested.

Customer: replied 2 years ago.
Are you quite certain about that? If so - I'll leave it at that and probably just take my chances and hope I'm not sued. From which party would I request that order to have my ex wife pay me back the $14,000, and what would that order be called?
Expert:  Debra replied 2 years ago.

Yes I am certain.

You would go back to the Alberta Queen's Bench Court and seek to vary the order retroactively where you were ordered to pay support on the basis of fraudulent, material, non-disclosure and show that you paid her support based on her stating there was no income but there was and now she double dipped and you are being forced to pay twice.

Customer: replied 2 years ago.
Ok. Thank you so much for your help. I really appreciate it
Expert:  Debra replied 2 years ago.

You are very welcome. I am really sorry this has happened to you.

Customer: replied 2 years ago.
haha. Me too. Such is life. Thanks again.
Expert:  Debra replied 2 years ago.

Anytime.

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