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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 101416
Experience:  Lawyer
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I live and work in Canada. The judgement converted my income

Customer Question

I live and work in Canada. The judgement converted my income from Canadian dollars to US dollars for child support and alimony. However almost immediately the exchange changed from 10% to 40% making my income in Canada substantially decreased. Under interjurisdictional laws signed between California and British Columbia where I reside and work it is required for the court to calculate my support in Canadian dollars and for the requesting party to register the judgement with the British Columbia Supreme Court within 30 days. Which never happened. This is to avoid any issues with exchange rate changing drastically forcing constant changes to the order. Please help.
Submitted: 1 year ago.
Category: Canada Law
Expert:  Debra replied 1 year ago.

Which court issued the judgment?

Customer: replied 1 year ago.
San Diego North County
Expert:  Debra replied 1 year ago.

So how is this judgment being enforced against you right now?

Customer: replied 1 year ago.
It is not being enforced. Her attorney keeps putting sanctions on me and repeated filings for contempt. But I cant pay due to my income being way less than what was ordered.
Customer: replied 1 year ago.
They keep filing with the state of california and never register in British Columbia
Expert:  Debra replied 1 year ago.

Then unfortunately your next step has to be to return to the court in the US and seek to vary the support order to decrease it based on your substantial declining your income.

You cannot address this through the court in BC because the BC court will not alter an order made outside its jurisdiction.

Customer: replied 1 year ago.
I am doing that tomorrow. I am trying to see if they can cancel the original order due to their oversight
Expert:  Debra replied 1 year ago.

I don't know the laws in the US because I'm a family lawyer in Canada but it would seem logical that the court has to make the support fair and so will base it on your actual income.

Customer: replied 1 year ago.
Thank you,
Expert:  Debra replied 1 year ago.

You are very welcome.