Can Dominican Mother claim child support in US?

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web

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when......

The father is Dominican as well and lives in the US now? Not sure of his visa status there but he probably is married to a US citizen now. He was never married to the mother here (surprise) and a paternity test was never performed. But she knows address, contact info etc. in the states.

Maybe contact child support services in his State and create a claim but paternity would still have to be determined.
 
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puryear270

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Each state has slightly different laws and procedures with regards to child support claims.

Most states post that information online.

Go to Google, and type in: "child support [state]".
 
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corsair74

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RacerX said:
nope. she cant do it unless she lives in that state.
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Actually doesn't matter what state she lives in. There's a federal law (don't have it on hand) that would allow her to reach across state lines. But I'm pretty sure that she'd have to be a U.S. citizen to take advantage of it.


Vince.
 
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corsair74

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web said:
when......

The father is Dominican as well and lives in the US now? Not sure of his visa status there but he probably is married to a US citizen now. He was never married to the mother here (surprise) and a paternity test was never performed. But she knows address, contact info etc. in the states.

Maybe contact child support services in his State and create a claim but paternity would still have to be determined.
Click to expand...

This is problematic because, as I understand from your post, the mother and the children in question are foreign nationals. Which means that no US court has any jurisdiction over them. And while there are instances in which a US court will obtain jurisdiction over a foreign national (usually in criminal and immigration matters), I somehow doubt that they'd do it for a child support claim.

I believe that any orders for child support are going to have to be issued by a Dominican court.

Vince.
 
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greydread

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corsair74 said:
Actually doesn't matter what state she lives in. There's a federal law (don't have it on hand) that would allow her to reach across state lines. But I'm pretty sure that she'd have to be a U.S. citizen to take advantage of it.


Vince.
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The Federal apparatus (U.S. Dept. of Health and Human Services, Administration for Children and Families) runs an interstate information sharing network and sets guidelines for State and County Child Support Enforcement agencies and provides oversight and funding for those agencies.

Unless there's an existing jurisdictional decision for an order of child support the Fed's have no authority to act on a claim or author a decision for a child support order.

Collecting Child Support from a Parent in the United States - U.S. Embassy Bogot?, Colombia


However, some States do have specific reciprocal Child Support Agreements with foreign Nations and once an order for child support in one of these Countries is obtained the custodial parent can seek enforcement of that order at the State level without being required to meet the residency requirements of that State.

What this means is that once a judgement is passed in that State for an order of Child Support the obligor will be liable to meet their financial obligation in that foreign country and vice-versa.

Parent to Pay Lives in Another State or Outside of the United States

Massechusettes is one State for instance with several of these agreements. The difference is that an outside claim would be scheduled using that jurisdiction's formula and NOT the Massachusettes formula for determining payment. In other words a Child Support order from another Country for the equivalent of, say $40/ Month would be used rather than the State's formula which would probably result in an order of $400 - $1,000/ Month.

Reciprocal Agreements


Each State is different. The Fed's don't have an enforcement apparatus, just guidelines, information and State initiated collection referrals which are forwarded to the Internal Revenue Service.

So, in short a deadbeat Dad or Mom from Mass. could relocate to the D.R. with no fear of being forced to pay their court ordered child support. Likewise, a Dominican could move to Mass. and do the same since there's no reciprocity between the two jurisdictions. BUT...if they left any property behind or have any income source (savings, pension, social security, investments) back in the home jurisdiction it can and will be attached by the Fed's upon petition from the requesting State and if the obligor were to ever return to their home country (either) they would find themselves in prison until the arrearage, penalties and interest (usually in the hundreds of thousands) is repaid. Through Federal guidance, all 50 States have child support collection reciprocity and the Fed's can order the authorities in New Mexico (for ex.) to apprehend a delinquent obligor, all property and accounts for prosecution in Massechusettes (for ex.).
 
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greydread

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web said:
when......

The father is Dominican as well and lives in the US now? Not sure of his visa status there but he probably is married to a US citizen now. He was never married to the mother here (surprise) and a paternity test was never performed. But she knows address, contact info etc. in the states.

Maybe contact child support services in his State and create a claim but paternity would still have to be determined.
Click to expand...

In this case, no. She could seek establishment of paternity and a subsequent order for child support (including arrearage from the day the child was born) if either he returns to the D.R. or through some miracle she moves to the States (any State).

As long as the two of them never cross jurisdictional paths and the laws don't change he is home free. But then he'll have to learn to live with himself for abandoning his child.
 
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corsair74

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greydread said:
The Federal apparatus (U.S. Dept. of Health and Human Services, Administration for Children and Families) runs an interstate information sharing network and sets guidelines for State and County Child Support Enforcement agencies and provides oversight and funding for those agencies.

Unless there's an existing jurisdictional decision for an order of child support the Fed's have no authority to act on a claim or author a decision for a child support order.

Collecting Child Support from a Parent in the United States - U.S. Embassy Bogot?, Colombia


However, some States do have specific reciprocal Child Support Agreements with foreign Nations and once an order for child support in one of these Countries is obtained the custodial parent can seek enforcement of that order at the State level without being required to meet the residency requirements of that State.

What this means is that once a judgement is passed in that State for an order of Child Support the obligor will be liable to meet their financial obligation in that foreign country and vice-versa.


Parent to Pay Lives in Another State or Outside of the United States

Massechusettes is one State for instance with several of these agreements. The difference is that an outside claim would be scheduled using that jurisdiction's formula and NOT the Massachusettes formula for determining payment. In other words a Child Support order from another Country for the equivalent of, say $40/ Month would be used rather than the State's formula which would probably result in an order of $400 - $1,000/ Month.

Reciprocal Agreements
Click to expand...

This is the part most applicable to the OP's question. And here is a link to the OCSE's list of countries with which the US has reciprocal agreements. If you're not a citizen of Massachusetts, that is.

OCSE International Resources

But you'll notice that the Dominican Republic is not on either list. So it's not a route the OP's friend can explore.


greydread said:
Each State is different. The Fed's don't have an enforcement apparatus, just guidelines, information and State initiated collection referrals which are forwarded to the Internal Revenue Service.
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Not exactly true. The Full Faith and Credit For Child Support Orders Act (FFCCSOA) is a federal law that gives a state court the authority to modify and enforce any child support order issued by another state's court. Of course, the order will have to have been issued by a state court in the US. So it's pretty much inapplicable to the OP's question.

Unfortunately, there isn't much your friend can do. This is actually a question that might best answered by someone well versed in Dominican law. Just because there isn't a way to pursue a claim in the states, that doesn't necessarily mean that you can't pursue a claim to the fullest extent possible in the DR. Then maybe she'll be able to ruin his day when he comes home to visit.;)


Vince.
 
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greydread

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corsair74 said:
Not exactly true. The Full Faith and Credit For Child Support Orders Act (FFCCSOA) is a federal law that gives a state court the authority to modify and enforce any child support order issued by another state's court. Of course, the order will have to have been issued by a state court in the US. So it's pretty much inapplicable to the OP's question.

Unfortunately, there isn't much your friend can do. This is actually a question that might best answered by someone well versed in Dominican law. Just because there isn't a way to pursue a claim in the states, that doesn't necessarily mean that you can't pursue a claim to the fullest extent possible in the DR. Then maybe she'll be able to ruin his day when he comes home to visit.;)


Vince.
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Vince, you just reiterated what I stated almost exactly after calling it "not exactly true".

I only used Massechusettes as an example of specific laws dealing with non-jurisdictional child support application as there was no indication of which State in the opening post. I wouldn't be giving case specific legal advice, regardless.

What we really need "someone well versed in Dominican law" to explain is whether, unlike in the U.S. a paternity case can be brought to conclusion without genetic evidence in the absence of the suspected Father.
 
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corsair74

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greydread said:
Vince, you just reiterated what I stated almost exactly after calling it "not exactly true".

I only used Massechusettes as an example of specific laws dealing with non-jurisdictional child support application as there was no indication of which State in the opening post. I wouldn't be giving case specific legal advice, regardless.

What we really need "someone well versed in Dominican law" to explain is whether, unlike in the U.S. a paternity case can be brought to conclusion without genetic evidence in the absence of the suspected Father.
Click to expand...

I re-read your post, and you are right.

Mea culpa.:glasses:


Vince.
 
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RacerX

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corsair74 said:
Actually doesn't matter what state she lives in. There's a federal law (don't have it on hand) that would allow her to reach across state lines. But I'm pretty sure that she'd have to be a U.S. citizen to take advantage of it.


Vince.
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She doesn't have to be a citizen. The child has to be a citizen. SHE just has to live in A(ny) state to initiate a claim in family court. In the DR, she is ass out.
 
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RacerX

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greydread said:
The Federal apparatus (U.S. Dept. of Health and Human Services, Administration for Children and Families) runs an interstate information sharing network and sets guidelines for State and County Child Support Enforcement agencies and provides oversight and funding for those agencies.

Unless there's an existing jurisdictional decision for an order of child support the Fed's have no authority to act on a claim or author a decision for a child support order.

Collecting Child Support from a Parent in the United States - U.S. Embassy Bogot?, Colombia


However, some States do have specific reciprocal Child Support Agreements with foreign Nations and once an order for child support in one of these Countries is obtained the custodial parent can seek enforcement of that order at the State level without being required to meet the residency requirements of that State.

What this means is that once a judgement is passed in that State for an order of Child Support the obligor will be liable to meet their financial obligation in that foreign country and vice-versa.

Parent to Pay Lives in Another State or Outside of the United States

Massechusettes is one State for instance with several of these agreements. The difference is that an outside claim would be scheduled using that jurisdiction's formula and NOT the Massachusettes formula for determining payment. In other words a Child Support order from another Country for the equivalent of, say $40/ Month would be used rather than the State's formula which would probably result in an order of $400 - $1,000/ Month.

Reciprocal Agreements


Each State is different. The Fed's don't have an enforcement apparatus, just guidelines, information and State initiated collection referrals which are forwarded to the Internal Revenue Service.

So, in short a deadbeat Dad or Mom from Mass. could relocate to the D.R. with no fear of being forced to pay their court ordered child support. Likewise, a Dominican could move to Mass. and do the same since there's no reciprocity between the two jurisdictions. BUT...if they left any property behind or have any income source (savings, pension, social security, investments) back in the home jurisdiction it can and will be attached by the Fed's upon petition from the requesting State and if the obligor were to ever return to their home country (either) they would find themselves in prison until the arrearage, penalties and interest (usually in the hundreds of thousands) is repaid. Through Federal guidance, all 50 States have child support collection reciprocity and the Fed's can order the authorities in New Mexico (for ex.) to apprehend a delinquent obligor, all property and accounts for prosecution in Massechusettes (for ex.).
Click to expand...

Useful but worthless because in this case there is no established proof of paternity. I bet his name isn't even on the birth certificate. And unless he gets a court order to submit to a DNA test, which someone has to pay for(and the website you gave the link to was like $80 just for the rudimentary test, 3000pesos), I think this guy is free. Even if she has his name and address, most likely it is a generic name like James Brown or Michael Jackson, albeit latinized. And addresses change, especially among poor people. I can just see the boondoggles that would emerge using last known residence and assumed name to assign obligations to pay child support. I know places like Massachusetts and New Jersey have those type of mutual relationships with France and Greece for example, but in a place like DR where sometimes records are exacted by hand? I don't know. Tres fishy!

What we really need "someone well versed in Dominican law" to explain is whether, unlike in the U.S. a paternity case can be brought to conclusion without genetic evidence in the absence of the suspected Father.
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Where is this? In almost every state you have to prove or have enough proof to substantiate the man on the claim is the father of the child. I ve seen this backfire on people. Remember Wesley Snipes was brought into court into Gary, Indiana because a mentally ill woman claimed he was the father of her children. The county prosecutors got all behind that. And then had to backtrack when her disabilities became known.
 
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Ken

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greydread said:
What we really need "someone well versed in Dominican law" to explain is whether, unlike in the U.S. a paternity case can be brought to conclusion without genetic evidence in the absence of the suspected Father.
Click to expand...

And that is we will have when Fabio Guzman responds to the question.
 
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corsair74

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RacerX said:
She doesn't have to be a citizen. The child has to be a citizen. SHE just has to live in A(ny) state to initiate a claim in family court. In the DR, she is ass out.
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You know, you could be correct. It will depend upon the state in which the claim is filed. But after looking into it a bit further (slow day in the office because of the snow), I've been able to find many cases in which an illegal alien has successfully filed for child support in a US court. And in some cases, neither the parents nor the child were citizens.

I guess that residency within the state is more important than citizenship. All moot in this instance because the mother and child are in the DR. Which ultimately makes it a question of Dominican law.

Vince.
 
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