enforcement of foreign child support

arnold

New member
Sep 19, 2002
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I need to know if the DR court would enforce a California child support order. If so, I need the code section or a copy of the law that will allow it. A client got a DR divorce but can only enforce it if the DR would recognize and enforce a California child support order against someone living in the DR. Thank you. Arnold
 

Jim Hinsch

Bronze
Jan 1, 2002
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geocities.com
California can't even enforce California's child support laws when the perp is slick. Blood from a stone? It all depends who's squeezing the stone. You really mean, is there a legal basis for enforcement, and what is the practicality, likelihood, procedure, ...

I'm not in the law profession, but a Dominican I know fathered a child in Germany. His wife had child support payments rendered against him, which followed him back to the DR, where he was "served" a paper. He had never heard a word since and has never paid a dime. He didn't have a dime at first, either.
 

Hillbilly

Moderator
Jan 1, 2002
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Yes it can...

Experience has shown me that it can be enforced...IF is gone about the right way.

You have to locate the person, find out where he is working, get some Dominican lawyers to see the stateside divorce decree, showing child support, get a Dominican Court to recognize the validity of said decree and then you are in deep schitt!

They can garnish your wages, put you in jail for non-payment and generally make your life really nasty.

The father can fight this thru the courts, showing how poor he really is and perhaps get a Dominican judge to render the support in Dominican terms, which would mean a substantial reduction in overall payments...

This is what I have seen happen.

HB, for what it is worth..
 

Bugsey34

Bronze
Feb 15, 2002
567
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I have no specific experience with US child support in the DR, but US orders should theoretically be valid internationally, both if the custodial parent or the non-custodial parent is abroad.

Call your California Child Support Enforcement office, part of the Dept. of Revenue.
 

Fabio J. Guzman

DR1 Expert
Jan 1, 2002
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www.drlawyer.com
enforcement of foreign judgement

Article 122 of the law 834 (law that modified the Code of Civil Procedure) establishes that foreign judgements can be executed in the Dominican Republic. However, the enforcement is basically a new procedure in which both parties will be cited and in which the judge will, if necessary, modify the judgement according to Dominican law. In your case the most relevant Dominican law will be the law 14-94 (C?digo del menor), articles 130-158.

Julio & Chris