- Thread starter mrbrolick
- Start date
Child Support
If he's living here it all depends how much he makes, if he lives in the states the long arm of the law doesn't reach that far
do a search, there been topics about the theme.
i never paid much attention on it, but if i remember right the long arm of the law can reach specially american male citizens in such cases.
Mike
i never paid much attention on it, but if i remember right the long arm of the law can reach specially american male citizens in such cases.
Mike
Doubt it. The problem is that record keeping is DR is so spurious that any document can be challenged in a courthouse in the US with respect to authenticity.
In the small towns and pueblos its customary, but even in the big cities, many birth certificates are handwritten and not recorded on the ACTUAL day of birth of the child. And many people dont give birth in hospitals. Whereas in the US, everything is the responsibility of the hospital management to record births(and deaths) and then to file those documents with the county health department. If you go to an Ayuntamiento here, come on?! If they do have electricity(to run the computer or even the copier), competent personnel who didnt get the job as a patronage position, AND the records, you may have to make a request for a copy of the data and come back in a day or a week. If they dont lose the request or get fired in the process.
Pretty much all they are good for is to identify the name of the mother and a general description of the child borne(Maria Joseita Rupaula Magallanes Castellana Lopez de Garcia se dio a luz a hijo feminina de 8 libras, 3 onzas). Now if you make a motion to establish paternity using a DNA test and the birth certificate you can put yourself in a position to be officially recognized as the childs father. But still apart from this, DR record keeping by itself isnt admissible
I still doubt it. It cant be based solely on the birth certificate and I dont even know how any court could enforce a document written in Spanish especially with the use of 2 last names. Since that is a Family Court issue, there would have to be document authentication by the Federal Government(the State Department). As you write it it only sounds plausible with a Dominican man married to a Dominican woman with an authentic marriage license AND birth certificate(s). If he came to the US the document trail is long enough and pre-established that it could progress in family court.
Even still, if the Dominican court assessed child support of 3000 pesos a month, this dude could have a child over here in RD and only be obligated to pay(I m guessing through wage garnishment) $83/month in the US? Now in the US that may not be enough, but they cannot amend the decree only ask that it be enforced.
Btw, I toss you 3 head nods Yacht, you know how I do? Thats how I know your baby momma. Hahahaha!
it is not about the way a bith certificate is done or not and when or not.
a simple DNA is enough to make the father officially the father, and the connecting laws between the DR and the big bro USA reach to the last hillbilly's last stand and drag him in front of a US judge when a propper case for such been filed heer in the Banana's home.
and i find it totally o.k. that at least a few laws on this planet make sense.
you wanna have fun without incomfo sideeffects, use your 1st world educated brain and protect yourself.
if not, pay the penalty of 18 years child support and full pampers and school costs etc etc etc, like every so selfnamed "Man" on the planet should do.
just the 2 cents of the Fisherman
Mike
a simple DNA is enough to make the father officially the father, and the connecting laws between the DR and the big bro USA reach to the last hillbilly's last stand and drag him in front of a US judge when a propper case for such been filed heer in the Banana's home.
and i find it totally o.k. that at least a few laws on this planet make sense.
you wanna have fun without incomfo sideeffects, use your 1st world educated brain and protect yourself.
if not, pay the penalty of 18 years child support and full pampers and school costs etc etc etc, like every so selfnamed "Man" on the planet should do.
just the 2 cents of the Fisherman
Mike
The more I read this forum the more I realized few people here know jack about Dominican issues. This whole post is bull (no diss to Racerx). If there's something DR has made great progress under Leonel is in the area of record keeping, specially with birth certificate. Kudos to Hillbilly, Chip and Lambada. Those three are always spot on Dominican affairs.
Is that your answer to the OP's question or is his/her question "bull" too?
While I don't disagree that record keeping may have gotten better (that's however still a far cry from good yet) under the current administration and your respect or personal preference for a few certain participants... isn't there something you could share about the subject at hand? Especially since everybody else here seems so inapt to do that in your opinion?
... J-D.
Jmmm, dont mean to hurt your pride bro, but you cant store records electronically without electricity. And it is common practice to NOT record the birth of the child on the day it happened in many campo ayuntamientos. And since you dont know WHEN the power will go you take records by hand, if you had a functional computer in the first place.
Prove me wrong.
a. Can you assure me that EVERY province in the country documents ALL crucial articles electronically?
b. And that with these measures there are also anti-counterfeiting and anti-tampering safeguards in place?
c. That when a new sindico is elected they dont bring in a new administration of which many people MAY NOT know what they are doing?
That's no longer the case. UNICEF State of the World's Children report for the DR 2009 states that almost every birth is in a health facility.
Okay
I agree with your assertion that it's a Father's responsibility to take care of his offspring, especially when he can do it in a 3rd World country with a depressed economy for very little cost. If the guy just went ahead and offerred the $3,000RD/ month willingly I'm more than sure it would be accepted and that would be the extent of his liability as well as protect him legally when in country (DR).
Having said that....
You are dead wrong about the "connecting laws" thing. The U.S Department of Health and Human Services overseas information sharing between U.S. Family Court jurisdictions for the purpose of eliminating interstate flight as a way out of parental fiscal responsibility. That is the extent of the Federal Government's involvement. It is up to those jurisdictions (Counties and Municipalities, except in the case of the District of Columbia and U.S. Territories) to actually identify paternity liabilities and enforce their applicable laws dealing with the subject.
In other words, Mamacita would need to petition the appropriate jurisdiction to review the case for paternity, find a ruling in her favor after an extensive records check, pursuant to a trial in Family Court, assess a judgement amount, serve the defendant a summons and go after his wages if he fails to make payment as assigned.
Here's the tricky part...
To do any of this SHE HAS TO BE A RESIDENT OF THAT JURISDICTION
This residency (usually county) is normally acquired through a 30 day stay in the juridiction. Easy enough for a Mississippi woman to spend 30 days visiting relatives in say..Montgomery County, Maryland to triple her expected child support amount (yes, it varies by jurisdiction) but how many Dominicana Baby Mommas are eligible for a visa (and not a "visitor/ tourist" visa) to establish such a residency in any US Family Court jurisdiction.
Nope. The best that she can hope for is to get a judgement for child support in her home Country (for that $3,000 RD we were talking about earlier) and maybe, if she's lucky enough for the guy to live in the USVI, Guam, Puerto Rico, District of Columbia, etc...US Territories and Federal District then the wonderful relationship between Big Daddy Yankee and his beloved Dominican partner would have some level of influence but for the most part she's S.O.L.
If she hits the Gringo Lotto on the next sucker to come along and moves to the US as his resident alien spouse she can march right down to the County Courthouse and file for child support with arrears and demand the DNA test. If there's any chance he's the Baby's Daddy at that point and he can't show any proof of support to the Child up until that point...he is now OFFICIALLY screwed!
There is justice out there...but you've got to know your cookies and be reeeeal patient to get it.
I had to make an edit here: Her claim is VOID unless she can come up with the guy's SSAN.
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<table border="0" cellpadding="6" cellspacing="0" width="100%"> <tbody><tr> <td class="alt2" style="border: 1px inset;"> Originally Posted by RacerX
And many people dont give birth in hospitals.
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<!-- END TEMPLATE: bbcode_quote -->That's no longer the case. UNICEF State of the World's Children report for the DR 2009 states that almost every birth is in a health facility.
<!-- BEGIN TEMPLATE: bbcode_quote --> Quote:
<table border="0" cellpadding="6" cellspacing="0" width="100%"> <tbody><tr> <td class="alt2" style="border: 1px inset;"> A total of 95% of pregnant women receive antenatal care, 98% of births are institutional and 100% of these receive qualified care. </td> </tr> </tbody></table>
<!-- END TEMPLATE: bbcode_quote --> <!-- / message -->
Percentages all taken off registered births (only)?
I'd doubt they take into account the many who give birth en una clinica de "estas" ya tu sabe, donde la Dona XYZ... because it's cheaper and -fasten your seat belts- porque no joden con esto de los papeles (birth certificates etc). No, I am not talking of Haitians "under cover" in the country.
I'd be careful with UNICEF statistics in general.
... J-D.
I was going to get into that last night but I didnt want to introduce too much information. But the issue of personal jurisdiction has to be met first before it could be addressed in family court(state). She or since this is a matter of child rearing, the child, has to live in the state to make a petition on the father of the child(if he lives in that state OR another state).
This was my point that if the fathers name is not on the birth certificate, and he doesnt make a concerted effort to establish paternity(using a DNA test or personally amending the birth certificate) then there is a no go. Now he may have his reasons, who knows? But even if all the motions and petitions were heard and established, what court in the US could determine the amount to be tendered for a child that lives in a foreign country? There are currency fluctuations and even manner of delivery open in the wind.
This is why the best case scenario was the one I pointed out with Dominican man who left DR for the US and who has already had his documents authenticated by the US government.
Now France and a few European countries have individual treaties with state governments with respect to family court issues, but you re still in the same boat if his name nor identifiers arent on any documents.
And I doubt the UNICEF stat. It sounds too much like an ad campaign. That marching to courthouse wont work. She would have to know where he is and those same identifiers, full name, DOB, SSN, so on and so forth. Just imagine the court looking for a James Jackson or Miguel Hernandez anywhere on the USA?
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The stat comes from the ENDESA 2007 survey and the wider quote is anything but a case of them blowing their own trumpets. It says that the maternal and infant mortality rate is high despite the fact that so many women receive ante-natal care and give birth in health facilities, leading to the conclusion that the quality of these facilities is sub-standard.
In comparison, maternal mortality and infant mortality is high in the United States(for a developed country), most due to uncertainty and questionable quality of health care. Especially in the inner city and rural areas.
That has to be to most ignorant comment I've read here in the last 6 months. RacerX I usually agree with your world views but you really need to learn A LOT more about the DR. Really...
Jmmm, dont mean to hurt your pride bro, but you cant store records electronically without electricity.
Thank you for the opportunity to expound. But tell me this first, can you?
d. So giving them the benefit of the doubt with a functional computer and electricity. Does the printer work?
You know this for sure, that printer ink is expensive(in the US). In some instances the ink costs more than the printer did. I bought a printer from Walmart for less than $30 but the ink cartridges cost $75. Thats 2700 pesos...per machine. I had a friend who works for the Ayuntamiento en Santiago, Jose Sued and another that works for the Ayuntamiento en Luperon, Porto Plata. There are differences. In Santiago, electricity is reliable. In Luperon, not so consistent. In Santiago they use old Canon copiers or some crappy South Korean brand. In Luperon they use a mimeograph with a hand crank. Then they use a raised seal stamp. But all birth certificates dont emanate from Santiago or Santo Domingo. The provinces in the middle of the country, on the border, or far from tourist areas have limited resources and a workforce who competencies are limited. Where are YOU from man? Because most of these pueblos keep records like they did in 1940. Let me go to a town hall that is using Burroughs, Digital or WANG green screen computers and take a picture.
What you know about that?
and back to c. I dont see how you dont think Patronage appointments and favoritism affect the quality of civil service work here. What do you see? Entire departments are purged and replaced with those loyal to the party bosses.
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child support laws in the DR...
BTW....to the OP....I know nothing of child support laws in the DR, however I do know a thing or two about fatherhood. The joy and fulfillment that children bring into one's life are worth far more than the fiscal resources with which they are provided. Money is really the smallest of the investments required. The most important ones are love, guidance and understanding and no court can garnish that but it's way more important than the money.
I can't understand how little piles of horded cash can become more important than one's own flesh and blood. There's no amount of cash, property, jewelry, cars, clothes or anything other material or commodity that could replace any of my children. Helping them grow into well prepared adults has been the best work of my life and I'm blessed for having had the opportunity.
I'll turn the mike over to you now.
BTW....to the OP....I know nothing of child support laws in the DR, however I do know a thing or two about fatherhood. The joy and fulfillment that children bring into one's life are worth far more than the fiscal resources with which they are provided. Money is really the smallest of the investments required. The most important ones are love, guidance and understanding and no court can garnish that but it's way more important than the money.
I can't understand how little piles of horded cash can become more important than one's own flesh and blood. There's no amount of cash, property, jewelry, cars, clothes or anything other material or commodity that could replace any of my children. Helping them grow into well prepared adults has been the best work of my life and I'm blessed for having had the opportunity.
I'll turn the mike over to you now.