Child support: Dominican mother vs. German father: How to get the money.

J D Sauser · Nov 8, 2011

Sanky disclaimer:
OK, before you all start, yes it is one of "those" cases. She has several kids from equally several "fathers". So lets us save ourselves all the "sanky"-comments... let's just assume she is guilty as charged for the sake of not wasting all our time with well known and accepted comments.

The child, however has NO guilt! And that's the point here.

The child, now 8 years old, is the son of a German man and his Dominican mother. At some point the two adults were even legally married (so I understand, but have separated/divorced years ago), but CERTAIN is, that the father "declared" his son here in the DR and apparently also with German authorities and the kid DOES bear his last name and HAS a GERMAN passport.

The mother is living with her other children and now has a stable relationship with an American man who tries to teach her family life (not a completely easy task, but they are actually ALL trying).
Apparently, the German child's father was sending about EUR300.oo every month. I don't know if that is based on any type of sentence.
Apparently, the father of the child in question, now found out that the mother has a new man in her life and allegedly declared that he is NOT going to send more than EUR100.oo a month, suggesting that the "other" guy may take on from there.
Things are so bad, that I bought the child's school books and the mother is behind with his tuition fees and school bus costs. I don't want to reach to far in with my "helping hand", we all know how that works.

HOWEVER, and this is my QUESTION here:
I feel that as this German gentleman IS the LEGAL DECLARED father, the child RECOGNIZED with GERMAN authorities, this child has a RIGHT to child support and that this support should be enforceable across border, or the big pond in this case.

WHERE to go? The German Consulate in Santo Domingo? (is there a honorary consulate on the North Coast?)
HOW to proceed?

... J-D.

pas · Nov 8, 2011

so he is paying about 5000 pesos..

how much is the normal dominican Child support ???

don't think that is a lot more then he is paying...!!!

butt for her getting more then he is paying...
she at least will need a court order saying how much he need to pay..

German Embassy in Santo Domingo, Dominican Republic

Embassy of Germany in the Dominican Republic

Alemania, Apartado 1235, Santo Domingo

Dominican Republic
City: Santo Domingo

Phone: 565-8811

Fax: (001809) 542 89 55

Website: Embajada Alemana Santo Domingo - P?gina principal

Email: embal@verizon.net.do

Big_Poppi2 · Nov 8, 2011

I had to comment on this story because I had a similar situation also growing up. I didn't recieve any support from my father and I have come to think that its best that way. but best of luck in your situation. I know that most of us are suppose to be catholic and the church has its only beliefs about how these situations should be handled so maybe someone at your church can help you. Take care and God bless,
Biggs

J D Sauser · Nov 8, 2011

Big_Poppi2 said:
I had to comment on this story because I had a similar situation also growing up. I didn't recieve any support from my father and I have come to think that its best that way. but best of luck in your situation. I know that most of us are suppose to be catholic and the church has its only beliefs about how these situations should be handled so maybe someone at your church can help you. Take care and God bless,
Biggs

I can only imagine what you seem to be suggesting you may have gone thru, and I feel sorry for you for that.
However, in this case it's about a mother being able or not to put a child thru a more or less decent school, feed it in an appropriate manner and get it dressed so it is allowed to classes. The bare knuckle basics in the hopes to break the vicious circle of poverty based on ignorance and a$$ backwards pseudo-"cultural" BS.

I am not saying that these mothers always understand that child support money is FOR THE CHILD and not for hair extension, artistically painted finger nails and phones which outsmart them badly and shoes with heels higher than their education.

This is a far from perfect Paradise, as most here will agree after some time here and having had the questionable privilege to have some insight into local "family" life and it's culprits.

Anyways, I hope some German citizens or people with the legal knowledge can and will give some guidance as to how to proceed!

Thanks! ... J-D.

Chirimoya · Nov 8, 2011

"...heels higher than their education" - priceless

La Mariposa · Nov 8, 2011

J D Sauser said:
Sanky disclaimer:
OK, before you all start, yes it is one of "those" cases. She has several kids from equally several "fathers". So lets us save ourselves all the "sanky"-comments... let's just assume she is guilty as charged for the sake of not wasting all our time with well known and accepted comments.

The child, however has NO guilt! And that's the point here.

The child, now 8 years old, is the son of a German man and his Dominican mother. At some point the two adults were even legally married (so I understand, but have separated/divorced years ago), but CERTAIN is, that the father "declared" his son here in the DR and apparently also with German authorities and the kid DOES bear his last name and HAS a GERMAN passport.

The mother is living with her other children and now has a stable relationship with an American man who tries to teach her family life (not a completely easy task, but they are actually ALL trying).
Apparently, the German child's father was sending about EUR300.oo every month. I don't know if that is based on any type of sentence.
Apparently, the father of the child in question, now found out that the mother has a new man in her life and allegedly declared that he is NOT going to send more than EUR100.oo a month, suggesting that the "other" guy may take on from there.
Things are so bad, that I bought the child's school books and the mother is behind with his tuition fees and school bus costs. I don't want to reach to far in with my "helping hand", we all know how that works.

HOWEVER, and this is my QUESTION here:
I feel that as this German gentleman IS the LEGAL DECLARED father, the child RECOGNIZED with GERMAN authorities, this child has a RIGHT to child support and that this support should be enforceable across border, or the big pond in this case.

WHERE to go? The German Consulate in Santo Domingo? (is there a honorary consulate on the North Coast?)

HOW to proceed?

... J-D.

What do you want to enforce in Germany ??????????? You don't even know if there is a Court order for the father to pay child support. If there is no Court order there is nothing enforceable.

If there is a D.R. Court order, is there a reciprocal agreement between the D.R. and Germany ??????????

J D Sauser · Nov 8, 2011

Good question, Mariposa! And don't think I don't agree.
Still, the child, would at least have a claim. The father "declared" the child, it bears HIS name and citizenship.
I doubt German authorities would not care about one of their infant citizen's rights.
IF there is NO judgment, maybe the question then is, WHERE and HOW do they get such judgment.
But judgment or not, it does not relieve the father from his responsibilities, at least I don't think so.

So far, the suggestion to approach the German Consulate seem to be the one which makes the most sense and the one I expected.

... J-D.

La Mariposa said:
What do you want to enforce in Germany ??????????? You don't even know if there is a Court order for the father to pay child support. If there is no Court order there is nothing enforceable.

If there is a D.R. Court order, is there a reciprocal agreement between the D.R. and Germany ??????????

belgiank · Nov 8, 2011

Child support in Europe is based on the father's income, and on the normal living conditions of the mother and child. To be more correct they are based on the living conditions of the child, when mother and father were still together.

If he, at the time he was living with the mother and the child, f.e. drove a hummer and lived in a big house with a pool, the German authorities would base the alimentation on that.

If they never lived together, they would base the amount on the normal living conditions of the mother and child.

I know you are trying to do a good thing, but be aware...

The mother might actually end up with less than 5,000 rds, and on top of this will be all the lawyer fees in Germany, and the problem of enforcing it...

Good luck

La Rubia · Nov 8, 2011

Perhaps

He's not a total dead beat and has been paying to this point. By your admission, he was sankied, yet he's still kept sight of the fact that it's his child. It's doubtful that there were custody documents in the DR, yet possible. As you are trying to help, perhaps you can convince him, by acting as an intermediary, of the actual cost of things. (faxing him receipts for school, clothes, etc.)

I think keeping the dialog open might pay off in the long run.

Unfortunately, this comes up a lot (usually in regards to US nationals). I have to think given the ties it would be easier to do in the US IF if were possible, yet no one ever pipes up and says they were successful. IF it is possible, it's expensive, and unfortunately those needing the help are the least likely to be able to afford the lawyers.

Please report back if anything pans out.

Matilda · Nov 8, 2011

Every country has different laws and rules and enforcement agencies re child support. I found this site
Paying child support money from outside of Germany

which gives some information as to the german laws. Although I speak German I am sure you speak it better than me JD so try looking at some of the links here. It appears there is a legal minimum anyway.

Matilda

PICHARDO · Nov 8, 2011

J D Sauser said:
Sanky disclaimer:
OK, before you all start, yes it is one of "those" cases. She has several kids from equally several "fathers". So lets us save ourselves all the "sanky"-comments... let's just assume she is guilty as charged for the sake of not wasting all our time with well known and accepted comments.

The child, however has NO guilt! And that's the point here.

The child, now 8 years old, is the son of a German man and his Dominican mother. At some point the two adults were even legally married (so I understand, but have separated/divorced years ago), but CERTAIN is, that the father "declared" his son here in the DR and apparently also with German authorities and the kid DOES bear his last name and HAS a GERMAN passport.

The mother is living with her other children and now has a stable relationship with an American man who tries to teach her family life (not a completely easy task, but they are actually ALL trying).
Apparently, the German child's father was sending about EUR300.oo every month. I don't know if that is based on any type of sentence.
Apparently, the father of the child in question, now found out that the mother has a new man in her life and allegedly declared that he is NOT going to send more than EUR100.oo a month, suggesting that the "other" guy may take on from there.
Things are so bad, that I bought the child's school books and the mother is behind with his tuition fees and school bus costs. I don't want to reach to far in with my "helping hand", we all know how that works.

HOWEVER, and this is my QUESTION here:
I feel that as this German gentleman IS the LEGAL DECLARED father, the child RECOGNIZED with GERMAN authorities, this child has a RIGHT to child support and that this support should be enforceable across border, or the big pond in this case.

WHERE to go? The German Consulate in Santo Domingo? (is there a honorary consulate on the North Coast?)

HOW to proceed?

... J-D.

The first thing to do is to consult a lawyer here...

The strongest point of order is that the German father was sending the exact same amount each time over a long period, and this represents an orally or otherwise legally binding contract from the point of the DR and German Laws. He's change of plans to cut the amount by 2/3 of the original can be used against him if the lawyer sees an opportunity to seek damages and restoration of the funds in a local court.

Alimony, etc... "IS" enforceable across national lines 100% when it comes to the DR and Germany (happen to see this from family dispute of a cousin living in Germany and born there with a local Dominicana and his kids).

The best thing to do is to consult a lawyer that's reputable and will take the case in a manner where the costs of litigation are billed to the father's side in court, which will entail a strong opinion that the lawyer has a case against the father and the odds of winning the case.

Criss Colon · Nov 8, 2011

iT'S not your problem!
KEEP IT THAT WAY!
tHE gERMAN "Father" can request a DNA test.
What might THAT show????????????????????
The kid may end up with nothing!
AND,why are you "slumming"?
CCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCC

frank recktenwald · Nov 9, 2011

The mother can go to the German embassy and request assistance since the child has a German passport. This is law but unfortunately I have the link on my other laptop, I hope to be able to post it tomorrow. But I do agree with the father that he lowered the amount. Too many of these fricking b.....s using the children as a source of income.

redfish46 · Nov 9, 2011

in my opinion just another pay check for the lady

J D Sauser · Nov 9, 2011

frank recktenwald said:
The mother can go to the German embassy and request assistance since the child has a German passport. This is law but unfortunately I have the link on my other laptop, I hope to be able to post it tomorrow. But I do agree with the father that he lowered the amount. Too many of these fricking b.....s using the children as a source of income.

I understand your point about the "ladies", but a kid being raised on $130.oo (EUR 100.oo)? The child's school tuition ALONE is $75.oo and while it's a decent school, it's one of the cheaper ones. Never mind, uniform, books, utensils, break and lunch sandwiches... transportation ($35.oo)... you're immediately OVER $200.oo a month... then there are regular clothes, food, medic once in a while (now THAT they never manage). Believe me IF a man's concern is that the f'ing b....s try to make a living of children fathered by foreigners... MEN, USE A FRIGGIN' CONDOM or restrict your fun to cunnilingus if you really insist on being exposed to STD.

The kid is first, then the concerns about the b..h!

Yes, I'll drag the pack to the German Consulate. May they deal with it. Somebody will have to.

Criss Colon said:
iT'S not your problem!
KEEP IT THAT WAY!
tHE gERMAN "Father" can request a DNA test.
What might THAT show????????????????????
The kid may end up with nothing!
AND,why are you "slumming"?
CCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCC

Awww, Crisssie! Of course it's not my problem! I don't want it to be my problem either. But I can still CARE.
The mother has made many mistakes, but recently, she is at least trying and the kid is in a good school. All looked "OK" for the kid until the "father" (who by the way DECLARED the child who legally BEARS HIS NAME and HIS CITIZENSHIP... in other words, a bit late for a DAN test!) decided to unilaterally cut support.
So, either we get the father back on track or yank the kid out of the good school and let him dabble in the dummy school around the corner and let him grow up to become YOUR problem someday!

PICHARDO said:
The first thing to do is to consult a lawyer here...

The strongest point of order is that the German father was sending the exact same amount each time over a long period, and this represents an orally or otherwise legally binding contract from the point of the DR and German Laws. He's change of plans to cut the amount by 2/3 of the original can be used against him if the lawyer sees an opportunity to seek damages and restoration of the funds in a local court.

Alimony, etc... "IS" enforceable across national lines 100% when it comes to the DR and Germany (happen to see this from family dispute of a cousin living in Germany and born there with a local Dominicana and his kids).

The best thing to do is to consult a lawyer that's reputable and will take the case in a manner where the costs of litigation are billed to the father's side in court, which will entail a strong opinion that the lawyer has a case against the father and the odds of winning the case.

Thanks Pichardo. Very encouraging information, especially since you seem to have had direct experience on a similar case involving the same two countries in your entourage.

Thanks! ... J-D.

J D Sauser · Nov 9, 2011

redfish46 said:
in my opinion just another pay check for the lady

Yes, until a couple of months ago, I would have agreed and I would not even have taken my or your time to post about this here.
For the past couple of months she has been TRYING to turn her life around and do thing right (or better). Takes care of the kid, whom she had placed for cents on the Euros she was getting for it with some "campo"-family... literally no school, no attention.
Now, he is in a good school, and doing well and she has been using the money she was getting for THAT... until the father decided to drop payments because he apparently finds that the new man she is with may as well pay for his child too (and this gentleman IS helping, btw!).
Any which way... the kid's interests come first!

... J-D.

AnnaC · Nov 9, 2011

Enforceable= lots of money needed.

It's been posted many times that a mother can go to Tribunal de Ni?os, Ni?as y Adolescentes to have child support increased or implemented and the order can be enforced in another country but it depends on how much money she has to enforce that order.

Going to see a lawyer will cost money ( sorry for the judgement) but doesn't sound like she has much of that saved.

If the embassy of any country helps out in any such case I think everyone would be very interested to learn that. A citizen is lucky to have their Embassy help out in cases like lost passport etc. I've never heard of an Embassy helping out in Child support cases other than to suggest you go see a lawyer so please let us know what the German Embassy suggests.

Good luck, I know you're trying to help this woman out.

J D Sauser · Nov 9, 2011

AnnaC said:
Enforceable= lots of money needed.

It's been posted many times that a mother can go to Tribunal de Ni?os, Ni?as y Adolescentes to have child support increased or implemented and the order can be enforced in another country but it depends on how much money she has to enforce that order.

Going to see a lawyer will cost money ( sorry for the judgement) but doesn't sound like she has much of that saved.

If the embassy of any country helps out in any such case I think everyone would be very interested to learn that. A citizen is lucky to have their Embassy help out in cases like lost passport etc. I've never heard of an Embassy helping out in Child support cases other than to suggest you go see a lawyer so please let us know what the German Embassy suggests.

Good luck, I know you're trying to help this woman out.

Yes Anna. I'll let everybody know of any outcomes and which doable steps have proven successful.

I am not really trying to help the mother. Again, the child comes first... During the last couple of months, if seemed like the U-turn the mother took brought some sunshine into this kid's life and hope for a future.
This is now all put back into question, since the German father seems to see it fit to try to play "smart".
The only other solution is to sponsor the kid... it takes around $2500.oo a year, tuition, uniforms, materials, transportation, break and lunch food, etc.
I already bought his books for this year (2nd grade) and supplies. But I don't want to reach in too far... I don't want the mother to turn towards me for every problem... especially not financially even thou the kid acts very deserving.
I gladly help finding solutions, driving to Santo Domingo, translate from German into English and back, etc.

... J-D.

J D Sauser · Nov 9, 2011

Insensitive, to put it mildly!
Kick all over the mother AND the father if you feel compelled to kick somebody... but DON'T make fun of the kids, they have no culpability in these cases!

It might as well turn out to be the mother singing someday: "Don't take your guns to town son, leave your guns at home..." way before he even reaches Germany.
We'll remind the grown up kid then, you liked to poke fun at his situation! Ha!

All though I believe to know which part of the Boy named Sue's story you allude to, I am pretty certain, John Ray would not have found your comment funny (either).

... J-D.

fidget · Nov 9, 2011

This is not true. (I replied to belgiank's post but the quote is gone)

a) There is a minimum amount of child support in germany and I think for an 8 year old its about 230 Eur. The child support depends on the income of the father. It may be possible to split the costs for school and transport to school between both parents.

b)You need to contact the Kinder- und Jugendamt, it enforces the rights of children regarding child support. It would be best if you knew the city, where the father is located. But I'm sure someone can find out. There is no need for a layer, all you will need is the location of the father and maybe a translator to state your case in the Jugendamt. Once they take the case the child gets support until the age of 18. After that it depends if the child wants to study. Then he has to pay child support until the child finishes the education.

The German Justice is quite strict with the rights of children and the father can not decide, when and how to pay child support. Sometimes its hard for men but then it takes two...
If you know the city I can get the contact informations, if you want to. I work with children and it makes a big difference if they (their mothers) have enough money to cover the costs of living.

Child support: Dominican mother vs. German father: How to get the money.

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