Paying Child Support in DR

There are no mathematical formulas. The judge determines the amount based on the needs of the child and the income of both parents.

In my experience, $275 a month would be more than adequate unless the mother is a high tier socialite...OR so destitute that humanity demands you send a bit more...

HB

recovering 20 years of child support from ex-husband living in the DR



I AM AN AMERICAN WOMAN WHO WAS MARRIED TO A DOMINICAN MAN. WE HAD TWO CHILDREN - HE GOT IN TROUBLE IN THE US AND RETURNED TO THE D.R. AND HAS BEEN HIDING IN PLAIN SITE THERE FOR YEARS. WITH THE DIVORCE HE WAS COURT ORDERED TO PAY 150.00 WEEK - I HAVE NEVER SEEN A DIME. I HAVE CONSULTED LAWYERS HERE WHO SAY THERE IS NOTHING THAT THEY COULD DO TO HELP ME. IS THERE ANY RECOURSE TO RECOVER THE THOUSANDS OF DOLLARS I AM OWED. HIS FATHER IS A VERY WEALTHY BUSINESSMAN THERE. MY EX IS REMARRIED AND HAS OTHER CHILDREN. I THINK MY CHILDREN AND MYSELF DESERVE TO BE COMPENSATED AND IT IS A TRAVESTY OF JUSTICE HE HAS GOTTEN AWAY WITH SO MUCH. LEGAL ADVISE PLEASE?

One possibility:
Come to the DR with all of your legal papers, divorce decree and custody papers, get a lawyer here to put this case before a judge and get it decided upon. The judge can garnish (?) the guys wages, bank account, or property to settle this.
BUT you have to do it here.
Why do I know this? Because my son has to pay his support here for his son there!! No ifs ands or buts...

HB

Thank you for your compassionate and intelligent suggestion. In other words, he was ordered by a Dominican judge in a Dominican court to honor his obligations and support his son now living in the States. I am just baffled as to why every lawyer I consulted with never even suggested it as an option and the solution. Maybe just clueless to the system of justice in that country, and the proper procedure to follow in my particular situation. It is comforting that the Dominican courts enforce the same principals as in the states. You have a child, you must help take care of them. I appreciate your kindness in sharing that information.

The response before yours was heartless and probably one of "them", if you know what I mean. Thank you.

Hey, JD? Buddy, if my son is even late with the payment, there are lawyers hovering...
Law 2401 (?? something like that) is draconian, and jail is easy to achieve....IF this person gets a judgment in her favor from a Dominican court, and the guy is located, or his family is located, he's toast as far as support is concerned...
Everything rests on getting the court to hand down a decision...

Some things do work here, and, at least in our case, this is one of them.

HB

Nancy said:

I AM AN AMERICAN WOMAN WHO WAS MARRIED TO A DOMINICAN MAN. WE HAD TWO CHILDREN - HE GOT IN TROUBLE IN THE US AND RETURNED TO THE D.R. AND HAS BEEN HIDING IN PLAIN SITE THERE FOR YEARS. WITH THE DIVORCE HE WAS COURT ORDERED TO PAY 150.00 WEEK - I HAVE NEVER SEEN A DIME. I HAVE CONSULTED LAWYERS HERE WHO SAY THERE IS NOTHING THAT THEY COULD DO TO HELP ME. IS THERE ANY RECOURSE TO RECOVER THE THOUSANDS OF DOLLARS I AM OWED. HIS FATHER IS A VERY WEALTHY BUSINESSMAN THERE. MY EX IS REMARRIED AND HAS OTHER CHILDREN. I THINK MY CHILDREN AND MYSELF DESERVE TO BE COMPENSATED AND IT IS A TRAVESTY OF JUSTICE HE HAS GOTTEN AWAY WITH SO MUCH. LEGAL ADVISE PLEASE?

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As you provided: You live in the US with your kids, you took the father to court there? Then had the court come back with an order to have him pay $150 US for the children...

You must understand that NO court in the DR will follow or enforce an order by any foreign court regarding the support of a child that is not presently living in the DR.

Even if you brought charges of abandonment in the DR for your kids, the court will not order the father to pay support for the kids if neither one of them is living in the DR.

If you want to collect support for both kids, just come to the DR and file in court. Once that's done an order will go out to have the father present himself to that court, else an order of arrest will be issue for him; that includes an order to revoke his right to leave the country.

Once the court goes about finding how much both parents earn in wages, life expenses for the children, schooling, etc... The order is made to have the parent pay support for X quantity, always that the children remain living in the DR.

I have yet to hear or know of a single support case where the children live overseas and the parent is obligated to support them via court enforcement.

Your kids can challenge any surviving family of their delinquent father, if he dies, and have claims to their rights as heirs along the other kids.

As far as getting a foreign court's order enforced in the DR: Forget about it!

And NO! The court will not enforce having the father make support payments to you, since both kids live in the US, not the DR...

Maybe HB can clarify, but isn't that the situation with his son, who lives in the DR, who pays child support for his son in the US, enforced by the DR courts?

Yes, this is the case with my son... I think Pichardo is mistaken in this case....His son gets $300 a month...come Hell or High Water!!

HB

HB, there's some knowledgable legal info! dont forget to meet me for that Cerveza, hope all is well friend!!

Hillbilly said:

Yes, this is the case with my son... I think Pichardo is mistaken in this case....His son gets $300 a month...come Hell or High Water!!

HB

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HB>>>>

#1 No court in the DR will enforce a child support order from any country save the DR...
#2 If the children to be given child support are not living in the DR, no court will issue an order to the parent to do so in foreign currency, has never happened, never will...
#3 In the case you mention the only possibility is that the child lives in the DR and the father resides in the US/DR in terms. Such basis is ground for the court to issue a support order to the child IN the DR, not if the child is living in the US (not one case has been herd off such issues in a DR's court to this date).
#4 If your son is a foreigner that fathered a child in the DR and is separated from the mother (in any given event), he's liable under DR's law to support the child always that he steps in Dominican soil...

#5 If your son is paying support for a child that lives out of the territory of the DR then tell him, he got the short end of the stick by some trickery he can unravel by appeal to the higher courts (this I guarantee!).

Let me make it LOUD AND CLEAR:

NO COURT IN THE DR WILL PROVIDE SUPPORT ENFORCEMENT FOR A CHILD THAT DOESN'T RESIDE IN THE BOUNDARIES OF THE DOMINICAN REPUBLIC...
PERIOD!!!

IT DOESN?T MATTER IF THEY'RE WACKO JACKSON'S KIDS OR PITTS JOLIE...
NO LEGAL RECOURSE IS GIVEN, WRITTEN, ALLOWED THE LAW OF THE DOMINICAN REPUBLIC FOR THIS!!!!


If you're a foreigner (no matter the status) in the DR and father a child, given that the child lives in the DR and the person (father) is present in the DR at any given time in the DR, the court can and will order you to support that child with payments; this will never happen if the child lives in the US as long term resident. If the child ever leaves the DR the father can bring the support order to end providing proof that the child is not residing in the DR as REQUIRED by DR's LAW...

And you can quote the above to any lawyer in the DR as given by Lic. Reynaldo A. Pichardo.

Take two pills and call me in the morning...

Thank you for sharing your extensive knowledge of the practices in the DR regarding supporting children of deliquent fathers. The situation is complicated by the disturbing fact that their father is a fugitive, indicted for a horrible crime. Abandoning two children and leaving me with an unbearable walk through a legal nightmare, and all that follows a charge of First Degree Murder. Seeing that there is no extraditon for a Dominican National, he has been sheltered from bieng brought to justice. In addition, his father is an extremely successful Dominican businessman which probably provides more of a shield from the U.S. Feds. I am from a very prominent family and the added shame, you can only imagine. I survived the ordeal and have two of the most beautiful, lovely children. By the grace of god, I didn't lose my mind. In the event of their grandfathers death, and his substantial wealth, would they have any claim to any of his vast fortune. My ex-husband has no relationship with his father, due to his crimes and continued misconduct. As I write this, it sounds surreal. I lived it, my questions are only on behalf of my quest in providing all these exceptional children deserve. Thank you, I know its alot to digest for anybody. Reply if you see fit. Best Wishes.

Apology accepted, and if per chance you read what I just wrote, it may completely alter your perspective. The flippant tone in your response was not necessary, especially throwing advise at a mother. obviously distressed and taking a risk, reaching out to a universe of strangers for shred of hope.

So, surely you understand I needed that like a whole in the head.

Nancy said:

Thank you for sharing your extensive knowledge of the practices in the DR regarding supporting children of deliquent fathers. The situation is complicated by the disturbing fact that their father is a fugitive, indicted for a horrible crime. Abandoning two children and leaving me with an unbearable walk through a legal nightmare, and all that follows a charge of First Degree Murder. Seeing that there is no extraditon for a Dominican National, he has been sheltered from bieng brought to justice. In addition, his father is an extremely successful Dominican businessman which probably provides more of a shield from the U.S. Feds. I am from a very prominent family and the added shame, you can only imagine. I survived the ordeal and have two of the most beautiful, lovely children. By the grace of god, I didn't lose my mind. In the event of their grandfathers death, and his substantial wealth, would they have any claim to any of his vast fortune. My ex-husband has no relationship with his father, due to his crimes and continued misconduct. As I write this, it sounds surreal. I lived it, my questions are only on behalf of my quest in providing all these exceptional children deserve. Thank you, I know its alot to digest for anybody. Reply if you see fit. Best Wishes.

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Yes, the DR and the United States have extradition agreements that are currently enforced once a request by law enforcement is submitted to the DR.
Maybe he's only wanted for questioning on regards to the event and no warrant under criminal basis has been filed by the district attorney.

Extradition requires that the person in question be indicted of a major felony to bring about the full support of DR's authorities.

On regards to the grandfather holding the fortune and if in that case the father gets a load of money due to inheritance, then the children are only entitled to any fortune in the event of their father's death and that such fortune be under his legal name and authority.

While living, children can't get any money or property from the parents. If one of the parents dies, then yes...

You said in the post that he was indicted of a crime? Then it means that an extradition order has not been posted on him as of yet.

Any person with direct knowledge on his case can contact the authorities in charge of his case and provide location information on his exact whereabouts in the DR, as such they can have an extradition order for his arrest issued and followed by Dominican authorities soon after...

As far as having him pay support for the children, all you need is to come to the DR, stay for over 45 days (required by DR's law) and file with a local attorney to have him pay support for the children as prescribed by law.

On the other hand, living expenses in the DR won't be covered 100% by such order; even when you win the support via the court, the amount given may or may not allow you to live in the DR with the children to the same levels as you do now in the US...

If the children attend school in the DR or repeatedly have lengths of stay in the country of 45 days with absents of no more than 30 days in between the support order will be held in place.

As far as getting the father pay US$ remittances to the US to the children via court order enforcement in the DR, contact HB and check who was the attorney and judge in charge of the case and you'll get yourself a ride...

Thank you for your quick response. I guess I did'nt make the timeline clear enough - This happened years ago, this "man" left me with the smoking gun so to speak and 2 babies. I recieved immunity from prosecution, having nothing to do with the crime of course, yet they could have charged me, for all they knew I was a suspect as much as anyone. Along with my testimony, his associates and family members, the GRAND JURY indicted him for First Degree Murder. The authorities here know full well he had fled to the DR then and know he is still there. I am talking years of unpaid back child support. The detectives have been down there many times and are stonewalled by an ancient "flimsy" extradition treaty, and my guess is some palms were greased by HIS well-connected father to avoid any "embarassment" etc...that might tarnish his reputation and status. The whole thing is beyond comprehension, he can rot there for all I care. The children are my motivation to investigate on thier behalf, any possibilities of restitution or anything that they are entitled to. More to ponder...
and shake your head about, if you choose. Best wishes.

Nancy,
I am so sorry to hear of your story...you can never tell when you become involved with someone how it may turn out in the end.
I have children myself by a felon (ex Drug Dealer) and sometimes I wish I never met him, but in the end you just keep going and loving/supporting your children.
I wish you all of the best because I have gone through "sort of" that type of situation with a man and I know the pain that it causes
May God bless you and your children...I hope that he will be made to at least support his children...although it looks unlikely

Nancy:
After the thunderous post by Pichardo, I decided to go and ask my son just why he pays so much child support.
As a responsible parent he wants to pay it, so, what they did was have the US divorce decree translated in to Spanish, then they reached an agreement as to how much he could pay in his present circumstances, and he agreed. When he is late they give him shyte.
However, he told me that if he denied payments according to the US decree, his former wife could file charges in the states and when he tried to enter the US (He is a US citizen) he would have to come up with the money.
Obviously, in your case, this is not going to happen.
Therefore, since our case does not apply to your case, I am sorry if I got your hopes up...

I can agree with Pichardo that there is an extradition treaty, and if the NY detectives get the support of the US embassy, things usually go well...The case of Quirino Paulino Castillo is one...and there have been dozens over the past year alone. No matter whether they are Dominican citizens or not.

Publicity is also a good weapon. Why not tell us his name>>>/??? Can't hurt if he has been indicted...

HB

Hb: Then There Came You...a Class-act...

Hillbilly said:

Nancy:
After the thunderous post by Pichardo, I decided to go and ask my son just why he pays so much child support.
As a responsible parent he wants to pay it, so, what they did was have the US divorce decree translated in to Spanish, then they reached an agreement as to how much he could pay in his present circumstances, and he agreed. When he is late they give him shyte.
However, he told me that if he denied payments according to the US decree, his former wife could file charges in the states and when he tried to enter the US (He is a US citizen) he would have to come up with the money.
Obviously, in your case, this is not going to happen.
Therefore, since our case does not apply to your case, I am sorry if I got your hopes up...

I can agree with Pichardo that there is an extradition treaty, and if the NY detectives get the support of the US embassy, things usually go well...The case of Quirino Paulino Castillo is one...and there have been dozens over the past year alone. No matter whether they are Dominican citizens or not.

Publicity is also a good weapon. Why not tell us his name>>>/??? Can't hurt if he has been indicted...

HB

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Dear HB:
Having my faith in mankind shaken to the core, and by pure accident I stumbled upon this outlet, I took the leap to just throw it out there - and natch, the first response was the "thunderous" ramblings of a pompous know-it-all, my spirits sank like a stone. Thank god yours followed - as I read it I giggled at your keen observation of him and touched that you took the time to check the facts regarding you son. It is no surprise he is fulfilling his obligations, with a parent like you. His case is different, but gave me some insight.
Like you have suggested, I knew there extradition laws would eventually loosen, dreading the day he is captured and brought back to MY TERRITORY only to open up old wounds, and the media coverage will be off the hook. Luckily, my wonderful, respectable families name was left out of all the press it generated, (a VIP very close to our family made sure of that). I havenot mentioned his name YET, believe me I have entertained the thought many times. From sending out a mass letter (with attached press reports) to every news outlet in that country to appearing on every TV station there. There are two children that I had to spare them the stigma of that kind of exposure. They are grown-up and live far enough away now. I am free to pursue as I see fit anything that may bring them something good. Having them during that trauma saved my life and are simply wonderful. I am encouraged and thoroughly impressed with your integrity. Thank you from the bottom of my heart, god forbid - with my luck he is your best friend, your neighbor or something ridiculous. RIGHT? The DR is a small world, I lived there for awhile. I will know when it is time to NAME the NAMES. Stay tuned and god bless you dear. Nancy