child support enforcement?

CoreyH

New member
Mar 5, 2010
444
24
0
I have this listed in the Legal forum but recieved no responses. My question is this: Is there an angency here in the DR that enforces US child support? My son and I live here and my ex lives in SC. Originally my son and I lived in NY. NY has closed our case because I now have a Florida mailing address. They said that there is an agency down here that will pursue back child support because of the 'reciprocity act'. I find it hard to believe that the DR is going to pursue anything for an American citizen. Does anyone know anything about this or where I might find information about how to pursue this??
thanks in advance,
Corey
 

SKing

Silver
Nov 22, 2007
3,750
183
63
I am not sure but I think that they will pursue it. I knew a Canadian who lived in Santiago who went to ask about how to pursue child support after her child was born. It was a Dominican father and at the time she was 4 months pregnant, and the lady gave her some information and a list of things to take because apparently in DR you can get "pregnancy" support! Doesn't hurt to try. Hopefully someone here will know.

SHALENA
 

CoreyH

New member
Mar 5, 2010
444
24
0
Hmm, we're all Americans so I don't know. Thanks, he owes almost 80,000 back support so it's imperative that I continue to pursue him. When we were leaving, the Support Collection Unit said it would be no problem to continue pursuing him but now they don't seem interested in helping us. Go figure, right?
 

RacerX

Banned
Nov 22, 2009
3,390
376
0
to answer the 1st question in the 1st post. NO.
there is no reciprocity act because of the rampant counterfeiting of documents in the DR.
the DR govt wont pursue anything for a DR citizen so count yourself accepted as one of them. And even if they did, they do it in the local currency.
 

Hillbilly

Moderator
Jan 1, 2002
18,948
514
113
I only know that DR courts will support a US court-awarded judgment here in the DR. Which is to say if the mother complains via a DR lawyer that her ex, residing in the DR is not paying the child support awarded by the US courts, the DR court will throw the ex's butt in jail!!

Now, I think you need to proceed in a reverse order. He is living in SC. You have a US court-ordered settlement on child support. Generally speaking (unless SC has again seceeded from the Union) a lawyer and courts in SC will nail his but as a "deadbead dad", not something nice to happen. You could also take out an ad in his local paper and call him by name and mention the fact that he has forgotten some child support payments....The fact that you live in the DR should have nothing to do with this at all.

But I am not a lawyer..so get one of them guys in South Carolina...work out a contingency fee with him...heck 10% for a couple of hours work should be good pay...IMO...

HB
 

bigwhiskey

New member
Aug 29, 2010
383
4
0
CoreyH I'm sorry but with him owing almost 80,000 thousand he dosen't give a damm ,and the child support agency just threw you to the wind.
Hopefully you will find some one to help you.
 

Kidtick7

New member
Nov 29, 2010
1
0
0
The web address for the Office of Child Support Enforcement for your region is ACF Region 4 - Atlanta and ,specifically for Florida, FL Dept Rev - Child Support Enforcement.

I found the following on the US Dept of State. "There is no treaty in force between the United States and any other country pertaining to the enforcement of child support orders or any other court decrees. New measures to negotiate reciprocal arrangements with other countries are now being pursued. Considerable work has been done by states in the United States which have entered into reciprocal enforcement arrangements with some foreign countries. The first step in the complicated process of obtaining child support enforcement abroad is to contact the office of child support enforcement in your state. Your local child support enforcement office can provide information about the aggressive techniques now available to pursue enforcement, including garnishment of wages and federal income tax refunds, revocation of licenses, direct contact with foreign employers, criminal enforcement proceedings, etc. "

I hope this helps. Good luck.
 

Shiraz72

Bronze
Feb 10, 2010
523
62
0
I have this listed in the Legal forum but recieved no responses. My question is this: Is there an angency here in the DR that enforces US child support? My son and I live here and my ex lives in SC. Originally my son and I lived in NY. NY has closed our case because I now have a Florida mailing address. They said that there is an agency down here that will pursue back child support because of the 'reciprocity act'. I find it hard to believe that the DR is going to pursue anything for an American citizen. Does anyone know anything about this or where I might find information about how to pursue this??
thanks in advance,
Corey

I'm not sure how the American government handles child support issues for citizens living abroad. Perhaps the embassy could provide you with some assistance since your child is a citizen and entitled to receive support? Maybe they'll base it on the state your ex lives in rather than where you live? In Canada, they have provincial family support agengies and they went after my ex. They garnished his income tax return and wages until he quit his job, went on welfare and started working under the table. Such a responsible father. He never paid a cent after that. It's difficult raising children on your own. Good luck seeking support. I've heard that in DR they have a father registry and they can arrest or seize the father's property if he doesn't keep regular in his payments. But I think it only applies to DR citizens or at least residents.
 

need2know

New member
Feb 23, 2009
18
2
3
I believe that what Kidtick7 posted is accurate. The DR is not a party to the Hague Convention, so when you left the states you gave up your rights to child support.
 

CoreyH

New member
Mar 5, 2010
444
24
0
I believe that what Kidtick7 posted is accurate. The DR is not a party to the Hague Convention, so when you left the states you gave up your rights to child support.

I don't think that we forfeited our right to support, I think it will just be more difficult to pursue. I was very explicit in asking about support payment responsibilities on his part before we left.
 

tmnyc

New member
Oct 19, 2006
334
10
0
I believe that what Kidtick7 posted is accurate. The DR is not a party to the Hague Convention, so when you left the states you gave up your rights to child support.

DR ??? As of Oct 2010 the U.S. has not ratified the Hague Convention on the International Recovery of Child Support and is still pursing ratification by the Senate with the goal of the US becoming a party to the Convention.

"Child Support: Among the more recent Hague conventions is the Convention on the International Recovery of Child Support and Other Forms of Family Maintenance concluded on 23 November 2007. It has yet to enter into force. Child support was an area where comity was not always observed, even after the entry into force of the UN convention. There were few signatories of the convention and many people were able to avoid child support payments by moving overseas. The Hague Convention would attempt to solve this problem at least among the Contracting States. It would compel individuals who moved from one Contracting State to another to continue to remit payment by forcing the second Contracting State to enforce the child support agreement from the first."
 

RacerX

Banned
Nov 22, 2009
3,390
376
0
No, she gave up the right to have the State she lived in act as a proxy to acquire the money. When she moved out of NY they no longer had interest in the case. And since she has an address in South Carolina but lives in DR, there in no interest in any government to get the money.
 

greydread

Platinum
Jan 3, 2007
17,477
488
83
I don't think that we forfeited our right to support, I think it will just be more difficult to pursue. I was very explicit in asking about support payment responsibilities on his part before we left.

Who did you "explicitly" ask, the Father? The New York State Child Support Enforcement Agency is your only point of reference in any such conversation.

The right to support has not been 'forfeited'. You need to pursue collection in the state where the child support was established (NY). I gather that this child support order allowed him to pay you directly. I don't know how long ago he stopped paying but you should have filed a non-support complaint prior to the bill adding up to $80k. Your best bet for recovery is to pursue an order for enforcement in NY and let the State and Federal enforcement apparatus do the work finding him and collecting. They're good at what they do. At worst, you may have to travel to NY for 30 days to re-establish your residency. Check with your attorney on this.

Whoever told you that there is a legal entity in the Dominican Republic to handle your case was wrong. Your complaint begins at the State level in the jurisdiction where the order (or agreement) was filed.

If your child support amount is by mutual agreement and has not been either filed with nor ordered by the State then he owes nothing and you must start from scratch once you return to the US to establish residency. If this amount is ordered by or agreed to and filed with the agency then they have hundreds of employees who are waiting to command compliance. They are empowered to garnish his wages, bank accounts and tax refunds and they will commandeer and auction his property and even jail him until he comes up with a repayment settlement. Those guys have more teeth than the IRS.
 

CoreyH

New member
Mar 5, 2010
444
24
0
I asked the NYS SCU. Now they've closed my case because we don't live there. Believe me, I've pursued this through the courts since day one. He's already done jail time over it. The SCU was the one who said that there was a legal entity here in the DR. I found this hard to believe,and when I pressed the issue the person said that they had already closed my case and she could no longer help me.
 

greydread

Platinum
Jan 3, 2007
17,477
488
83
I asked the NYS SCU. Now they've closed my case because we don't live there. Believe me, I've pursued this through the courts since day one. He's already done jail time over it. The SCU was the one who said that there was a legal entity here in the DR. I found this hard to believe,and when I pressed the issue the person said that they had already closed my case and she could no longer help me.

Judging by the amount in arrears, I think it might be worth your while to take a leave of absence and make a trip to NY. After 30 days you have reinstated your residency and are entitled to reopen your case for child support enforcement.

What information does CSE need to open a case?
When custodial parents call or visit their county CSE agency, they should provide as much information about themselves, their child(ren), and the noncustodial parent as they can. The more information custodial parents can provide, the more quickly CSE can assist them.

Information about the noncustodial parent:

•full name and date of birth
•current or last known address and phone number
•current or last known work address and phone number
•Social Security number (look on old pay stubs, tax, military, or medical records)
•income information (tax records, pay stubs, bank and business records)
•health insurance information
Other helpful information:

•acknowledgment of paternity or order of filiation for each child
•marriage license
•divorce decree or separation agreement
•copies of child support orders
•custodial parent's income information (tax records, pay stubs, bank records)
•information about child-related expenses and the child's needs
Information about the child(ren):

•birth certificate
•Social Security number
•health insurance coverage information
•current or last known address (if different than custodial parent's)

The longer you wait, the fewer your options will become. The best way I know to expedite the process is to apply for public assistance. That will light a fire under their butts. Understand this time that if you move out of the State again it will interfere with the process of collection, once again. Use a relative's address while you are out of the country. The whole premise behind the CSE aparatus is to keep Dads like me and Moms like you from paying the cost of raising other people's kids as long as they are capable of raising their own.