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  1. #31
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    Quote Originally Posted by Matilda View Post
    Wrecksum if you Google child support from US father, there are loads of different organizations which help to obtain child support in cases like this, and it looks like many of them are free, so that should be a good starting point. She could also call the lawyer in the first article I posted as I am pretty sure he took the case on pro bono.

    Matilda
    I just need the first step.
    I will try to get her to contact this lawyer,although my experience of lawyers here does not inspire confidence.
    Worth a try.
    Thanks.

  2. #32
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    Smile Child Support Process/Maryland

    Quote Originally Posted by wrecksum View Post
    This is a long shot but wonder if anyone here has advice on this subject?

    I have a friend (Dominincan) here who was married to a US citizen and has a child of three years who has a US passport and birth certificate proving paternity.

    The husband moved here but descended into domestic violence and drug use.Having been arrested twice for violence he was eventually given a restraining order and left the country.
    She has since divorced through the local courts and receives no financial support.

    I believe child support can be enforced on the father in the USA and I would like to know the first steps for her to take.The .gov.usa page is very complex but she needs to find the first step.

    There is no way she can afford a lawyer.


    Hi Wrecksum,

    In the US, child support is governed by State law so you need to seek support from the State that the child's other parent (in this case, the father), lives. In the other posts here it was mentioned that the father is in the State of Maryland so your first stop would be the Maryland Department of Human Services (DHS). ( http://dhs.maryland.gov/ ) They handle child support and custody for Maryland. You can start a child support application online. From the main website click on the "Child Support" link and then "Start a New Application for Child Support" link. Note there are a bunch of Child Support FAQ's etc. including information in Spanish. I'd read through as much as possible.

    Generally (or at least in my State of NY which is probably similar), the process is that the parent with custody (your friend) files for support. A letter is then sent from the DHS to the non-custodial parent. There are various methods the DHS can use to locate the person if the address is not known. The State then handles the communication with the father making him aware that a request for support has been filed against him and makes him aware of what happens next etc.



    A few things...

    1. You will need to confirm that the father truly is the father of the child. Whether you were married or not has no bearing on child support. Most, if not all, States are only concerned with who the actual mother and father are - not the marital arrangement. You mentioned the child's birth certificate is available. Most birth certificates now (at least in the US) list the mother and father's name on it. See if his name is there. This would be very helpful in establishing him as the legal father.

    2. If he were to contest the birth certificate/paternity, the State (Maryland) can force a paternity DNA test. This is where the name on the birth certificate helps because if he believes or knows he's the father, he may not contest it which makes life easier for all. If he does, again the State has the legal ability to force a paternity test.

    3. Next you mentioned the child has a passport which means he/she has a US Social Security number. You will need that to apply for child support since you are claiming the child is a US Citizen.

    4. Your posting did not mention how long that the father is/has been in Maryland. There may be a residency period/issue- I'm not sure but the DHS will confirm if this is an issue.

    5. The other thing of course, is whether the father has a job and the ability to pay.

    - If he's working "on the books" (in a legitimate job), no worries. Today, all the State Child Support agencies can 'garnish' wages from a person' job, tax refund, bank etc. They contact the employer or financial institution and the money is directly deducted. They can also keep the person from applying for various official documents such as a drivers license or passport if they're behind on their support payments.

    -If he's working "cash/off the books" it can be more difficult. However, the DHS still has ways to find how a person makes their money. An important part of all of this is that the DHS does all the interaction between the mother and the father. This keeps one parent from having to speak/deal with the other directly (which mitigates the possibility of a dangerous interaction)

    6. If your friend only speaks Spanish she will most likely need someone to help her (English speaking/reading). Please offer up your help... your friend is probably very stressed right now worrying about how she'll raise her child and probably needs your support even if she's not asking for it.
    -----------------

    That's all I can really add. While I'm not an expert, I did go through it myself (I currently pay child support in New York State) however I, my kids and my kids mom are all US Citizens so it was of course easier however the system has gotten a lot better and most importantly it's all based around the State doing what's best for the child (which is really what it should be - I don't think anyone can deny that kids shouldn't suffer if their parents relationship doesn't work out). I see my kids regularly and my support is automatically deducted from my wages so it makes the situation easier when she and I have to talk about other child-matters.

    Best of luck to your friend & let me know if you have any questions!

    -Jim

  3. #33
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    There are lots of documents to establish paternity. I am assuming the child was born here in the DR and passport etc was applied for here in the DR. If that is the case when the father applied for the passport first he had to have a consular report of birth abroad this required a birth certificate extensia which has both the mother and fathers information example would be her Cedula and his passport number.
    plus the application DS-2029 for birth abroad an DS-5507 which is AFFIDAVIT OF PHYSICAL PRESENCE OR RESIDENCE, PARENTAGE AND SUPPORT.
    those both had to be approved and the birth abroad obtained prior to any application for passport and SS#

  4. #34
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    Quote Originally Posted by JimW View Post
    Hi Wrecksum,

    In the US, child support is governed by State law so you need to seek support from the State that the child's other parent (in this case, the father), lives. In the other posts here it was mentioned that the father is in the State of Maryland so your first stop would be the Maryland Department of Human Services (DHS). ( http://dhs.maryland.gov/ ) They handle child support and custody for Maryland. You can start a child support application online. From the main website click on the "Child Support" link and then "Start a New Application for Child Support" link. Note there are a bunch of Child Support FAQ's etc. including information in Spanish. I'd read through as much as possible.

    Generally (or at least in my State of NY which is probably similar), the process is that the parent with custody (your friend) files for support. A letter is then sent from the DHS to the non-custodial parent. There are various methods the DHS can use to locate the person if the address is not known. The State then handles the communication with the father making him aware that a request for support has been filed against him and makes him aware of what happens next etc.



    A few things...

    1. You will need to confirm that the father truly is the father of the child. Whether you were married or not has no bearing on child support. Most, if not all, States are only concerned with who the actual mother and father are - not the marital arrangement. You mentioned the child's birth certificate is available. Most birth certificates now (at least in the US) list the mother and father's name on it. See if his name is there. This would be very helpful in establishing him as the legal father.

    2. If he were to contest the birth certificate/paternity, the State (Maryland) can force a paternity DNA test. This is where the name on the birth certificate helps because if he believes or knows he's the father, he may not contest it which makes life easier for all. If he does, again the State has the legal ability to force a paternity test.

    3. Next you mentioned the child has a passport which means he/she has a US Social Security number. You will need that to apply for child support since you are claiming the child is a US Citizen.

    4. Your posting did not mention how long that the father is/has been in Maryland. There may be a residency period/issue- I'm not sure but the DHS will confirm if this is an issue.

    5. The other thing of course, is whether the father has a job and the ability to pay.

    - If he's working "on the books" (in a legitimate job), no worries. Today, all the State Child Support agencies can 'garnish' wages from a person' job, tax refund, bank etc. They contact the employer or financial institution and the money is directly deducted. They can also keep the person from applying for various official documents such as a drivers license or passport if they're behind on their support payments.

    -If he's working "cash/off the books" it can be more difficult. However, the DHS still has ways to find how a person makes their money. An important part of all of this is that the DHS does all the interaction between the mother and the father. This keeps one parent from having to speak/deal with the other directly (which mitigates the possibility of a dangerous interaction)

    6. If your friend only speaks Spanish she will most likely need someone to help her (English speaking/reading). Please offer up your help... your friend is probably very stressed right now worrying about how she'll raise her child and probably needs your support even if she's not asking for it.
    -----------------

    That's all I can really add. While I'm not an expert, I did go through it myself (I currently pay child support in New York State) however I, my kids and my kids mom are all US Citizens so it was of course easier however the system has gotten a lot better and most importantly it's all based around the State doing what's best for the child (which is really what it should be - I don't think anyone can deny that kids shouldn't suffer if their parents relationship doesn't work out). I see my kids regularly and my support is automatically deducted from my wages so it makes the situation easier when she and I have to talk about other child-matters.

    Best of luck to your friend & let me know if you have any questions!

    -Jim
    Thanks for this.
    The father is not contesting paternity so that should not present a problem.
    I don't know about his employment status but the family is quite well-off I'm told.
    Looks like I shall have to assist in the English but it gives me something to get started on.
    Thanks again.

  5. #35
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    I am assuming that the mother is a Dominican citizen and that the father is a US citizen. If so she will need to go through the legal process and have child support ordered by the Dominican Republic. She can then ask the State of Maryland to enforce the child support payments - IF - the State of Maryland has a Reciprocal Agreement regarding Child Support Payments with the Dominican Republic.

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  7. #36
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    Quote Originally Posted by cruzan1 View Post
    I am assuming that the mother is a Dominican citizen and that the father is a US citizen. If so she will need to go through the legal process and have child support ordered by the Dominican Republic. She can then ask the State of Maryland to enforce the child support payments - IF - the State of Maryland has a Reciprocal Agreement regarding Child Support Payments with the Dominican Republic.
    Hi Cruzan,

    Good post. In the case of child support however the mother's citizenship doesn't matter. The child is entitled to support on his own merit. Support will be due based on the US Citizen Child and a US Citizen father.

    For example, if the mother were deceased or otherwise couldn't be located, the child would STILL be entitled to child support. The court would appoint a Guardian for the child and place the child in a foster home until age of emancipation. The support order doesn't rely on the mother's status - only the US citizen child.

    Fortunately, the mother doesn't have to go to the Dominican courts which from what I read in the rest of the posts would be a lengthy (and possibly, futile) process and in the end, a Dominican court ruling would not be binding in Maryland on its own. She would still need to go to Maryland and petition the court to recognize the Dominican support order.

    She is actually in a good situation though as the US child support system has much better means to enforce the order and perhaps more importantly, an order from a US court will be by a formula based on a percentage of the father's US income (which of course will go much further for the child in the DR).

    -Jim

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  9. #37
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    Quote Originally Posted by JimW View Post
    Hi Cruzan,

    Good post. In the case of child support however the mother's citizenship doesn't matter. The child is entitled to support on his own merit. Support will be due based on the US Citizen Child and a US Citizen father.

    For example, if the mother were deceased or otherwise couldn't be located, the child would STILL be entitled to child support. The court would appoint a Guardian for the child and place the child in a foster home until age of emancipation. The support order doesn't rely on the mother's status - only the US citizen child.

    Fortunately, the mother doesn't have to go to the Dominican courts which from what I read in the rest of the posts would be a lengthy (and possibly, futile) process and in the end, a Dominican court ruling would not be binding in Maryland on its own. She would still need to go to Maryland and petition the court to recognize the Dominican support order.

    She is actually in a good situation though as the US child support system has much better means to enforce the order and perhaps more importantly, an order from a US court will be by a formula based on a percentage of the father's US income (which of course will go much further for the child in the DR).

    -Jim
    Getting to America will be a major challenge unless she already has a visa.

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  11. #38
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    I am not sure if this has already been provided. Dra. Yadira Morel provides free assistance. She is an immigration lawyer. She consults in this show: "El Mismo Golpe con Jochy Santos", where she shared this info.

    I am sorry; I do not have a number for her.

  12. #39
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    Thanks all.I have contacted Maryland DHS child support for her.
    They have a full web site in Spanish and many other languages.
    Let's see if it works.

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  14. #40
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    Quote Originally Posted by AlterEgo View Post
    Our daughter is a senior probation officer in New Jersey, and until recently she was in Child Support (over 10 years). NJ absolutely does collect child support for parents with court orders from the Dominican Republic. (As well as other countries, but that’s not the topic here).

    Wrecksum, where does the father live in the USA?
    They dont do anything. They take money from people and hold it. Your daughter will not find any proof they actually GIVE the money to anyone. That money goes into escrow and the Family Court uses the interest to finance the Child Support Office. Calling it an "agreement" is a spurious circumvention of federal law. The people who get wrapped up in that are primarily 100% Dominicans who listed their family on their visa applications to the State Department. Otherwise you would still have 14th and 4th Amendment issues. And Child Support aint getting around the Constitution in any court.

    Sent from my Z833 using Tapatalk

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