Does anyone know the procedure for collecting child support if you were married and divorced in another country and there were no child support orders. Example: married and divorced in another country, children born in another country, moved to US and wants to file for child support. What do they need to do?
I think this question is one for a family law attorney with international law experience. There are complicated issues with both suing a foreign citizen who is in another country, and for executing judgments against foreign citizens in another country. That is, unless you and the other parent are both residing in the U.S. Then it is just a matter of state law. But there are still complicated issues. I would recommend that you contact a family law attorney for your question. It may be easier than I think, or it may be much more complicated.
Note: This is not legal advice. For legal advice contact a competent immigration attorney. http://asylumlaw.blogspot.com
You can get child support from another country, however, u will not have a lot of luck doing it in this country with a family law attorney, does not matter if they have international law experience or not. You need to get a lien in the country of origin. I really do need to know the country u came from tho to help u further.
Both parents and the children are here in the US. The parents were married in mexico and the children were born in Mexico. They came to the US, but the wife had filed for a divorce back in Mexico and while they are here the divorce was finalized through the Mexican courts. The wife did not want child support at the time of the divorce but now wants to get child support. Can this be accomplished through our court system even if the original decree of divorce is from Mexico and no child support was ordered?
Although they are not required to do so, except under certain treaties, U.S. courts will usually defer to court decrees in another country unless it can be shown that the foreign proceeding was unfair or conflicts with public policy. That being said, I would imagine that so long as your divorce was fair to your ex-spouse, I imagine that you could get child support from you ex-spouse who now resides in the U.S. so long as your state can get personal jurisdiction over your spouse. If your ex-spouse lives in the same state as you, or has substantial business or property in the state you can sue him in your state. If your ex-spouse lives in another state and has little or no contacts or property in your state you may not be able to sue the ex-spouse in your state. You may be able to sue in whatever state your spouse lives, but this can be time consuming and expensive.
Note: This is not legal advice. For legal advice contact a competent immigration attorney. http://asylumlaw.blogspot.com
I think I understand your answer but it does seem strange that someone from another country who marries,has children and divorces in their country, can come here and petition through our courts for child support. Is that what you were saying?
HA HA HA HA another 'winner' she actually thinks the US has jurisdiction over other countries, especially getting $$$ from that loser husband of hers ha ha ha you kill me
There is a public policy in favor of children residing in the U.S. to be supported by their parents. Child support is supposed to be based on the best interests of a child to be adequately supported. It therefore matters little where the children are from, how the children arrived here, or when or where the parents were married and divorced. So in that regard, yes although the mother and father were married and divorced in another country, now that the children are in the U.S. there is a public interest in them having support while here. Whether or not the husband can be sued for support is another matter that is dependent on state law. I would contact an attorney whether you are the mother or the father of the children.
Note: This is not legal advice. For legal advice contact a competent immigration attorney. http://asylumlaw.blogspot.com
The U.S. has jurisdiction over every person residing in this country, illegal status is irrelevant! If the court recognizes the order them there should be little difficulty. In most cases, if both parents live in the U.S., it would be fairly easy for the Court to just issue a new order instead of dealing with a foreign one.
Failure to pay child support is a felony, in some cases. Most laws however don't not see failure to pay child support for what it really is.
There's tough laws that punish child abuse and neglect, one time incidents that is. But failure to pay child support is not only immoral, but also a systematic disregard for the interests of the child and an intentional depravation of the child's right for decent care.
This is intentional and systematic abuse and reckless endangerment. State and federal laws should provide for proper punishment of the offenders. Some states only suspend the driving privileges of the offender, some place a petty misdemeanor warrant upon the dead beat parents. States should be able to freeze all financial resources and interests in property of all offenders upon showing prima-facie evidence of willful failure to pay. Since these offenders are more interested in money than they are in doing what's right, they should be punished where it hurts them the most, by taking away everything they own to satisfy any outstanding obligation.
Live for today and forget about tomorrow, life of a rodeo man...
Originally posted by Houston: The U.S. has jurisdiction over every person residing in this country, illegal status is irrelevant! If the court recognizes the order them there should be little difficulty. In most cases, if both parents live in the U.S., it would be fairly easy for the Court to just issue a new order instead of dealing with a foreign one.
Failure to pay child support is a felony, in some cases. Most laws however don't not see failure to pay child support for what it really is.
There's tough laws that punish child abuse and neglect, one time incidents that is. But failure to pay child support is not only immoral, but also a systematic disregard for the interests of the child and an intentional depravation of the child's right for decent care.
This is intentional and systematic abuse and reckless endangerment. State and federal laws should provide for proper punishment of the offenders. Some states only suspend the driving privileges of the offender, some place a petty misdemeanor warrant upon the dead beat parents. States should be able to freeze all financial resources and interests in property of all offenders upon showing prima-facie evidence of willful failure to pay. Since these offenders are more interested in money than they are in doing what's right, they should be punished where it hurts them the most, by taking away everything they own to satisfy any outstanding obligation.
I agree that orders of child support should be strictly enforced; however, the OP suggested that the parent didn't ask for child support in the original divorcee decree which was handled in Mexico. So, this parent has changed his/her mind and wants the US court system to handle it? Hmmm - please explain further about this. Both parents from Mexico, children born in Mexico - doesn't sound like any of them are USC's - they're living here now, but are they living here legally? How would this case be handled?
Perhaps the father voluntarily paid child support in Mexico because of tradition and family pressures, but now after moving to the U.S. has decided those obligations are no longer so important or necessary and has stopped paying. Perhaps the mother has begun living with another man and the father no longer wants to pay the support. Perhaps no support was ever paid previously because the father had no money in Mexico. Any number of perfectly understandable reasons (even if at least one reason is invalid) why support might be requested now but not in Mexico.
Note: This is not legal advice. For legal advice contact a competent immigration attorney. http://asylumlaw.blogspot.com
What should never be forgotten here is CHILD SUPPORT is just that, for the CHILDREN! From reading this thread i would think the OP is the one that is or related to the person paying not the person wanting to receive. The mother might not have gone after child support in Mexico but the children still have needs. I agree that if u can father kids or for that fact mother kids then u can pay for them to get at least into adult hood where they can pay for themselves!!! I agree with senowen, its completely understandable that circumstances change and there for the financial need for assistance.
If they are now residing in the USA then why not use the legal system for help.
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