US Citizen Child Dominican Mom

I know quite alot about Child Support and it's enforcement. Each state goes by a different worksheet to calculate the support but it is all basically the same process.
If this woman ends up in the USA and decides to go to Child Support court, she has every legal right to do so...whether you are paying an agreed amount or not. If you have US income to them, you are subject to US Child Support Enforcement.
In my experience with the CSE I have never been asked nor has the father of my children been asked to provide any Income tax returns. They calculate the support based on your paycheck stubs. If you are legally married and have other children, the court takes that into consideration. They will also take into consideration if this woman has other children also, and if she has to pay someone for child care for your child. They also take into consideration her income. So basically...
They look at the income of both parties
They look at the expenses of both parties (ie other children, child care)
They calculate the total amount and then decide what percentage of the child's welfare you are responsible for (it usually ends up with whoever makes the most, which is unfair but what can you do??)...for example, after it was all said and done it was calculated that I was responsible for 78% of my children's care and my ex was responsible for 22%.
They calculate how much it costs to raise a child of that age with that income in that state and voila...child support.
IE...if they think it takes $1,000US per month to raise your daughter in that certain state and you are responsible for 25%, your child support payment will be $250US per month.

Being originally from the "ghetto" there are tricks that she can assure will get her more child support. If she has a job in the US, she can claim that she has to pay child care (regardless if the grandmom or other family member is watching the child for free)...ie. she could say that she pays $100 per week for child care even though she only works 1 day a week and as long as she has a notarized letter from the person supposedly watching the child, they will grant her that credit. There are people that will write that sort of letter for $25.
She could put your daughter in an expensive private school and make you pay for it, she can ask that you include your daughter in your health and dental....and if you don't have any in the US she can find the best and they will make you pay for it...all of this is assuming that your income is greater than hers.
I had the unfortunate circumstance to make triple of what my ex makes so...........apparently he gave 25% of sperm and I gave 75% of egg to make the kids but all states go by these rules.
I suggest that if she does that and you are ordered child support that you pay it and always pay it on time. She can have you put in jail if you don't...people don't believe that but it is true. Especially in southern states, they are tired of non child support paying dads...........
And if she is out to get you, don't give her ammunition. I had my ex put in jail for 372 days once for missing 2 child support payments. I was very young at the time and I did not care that I would miss a year of child support, I basically wanted revenge. He served all 372 days (over a year!) in jail and since he got out...my support is like clockwork because he knows I don't play and the second time around in jail they would give him MORE time.
Walk a straight line if she is out to get you...
SHALENA

Oh Yeah, get her to sign receipts EVERY time you give her money...if she doesn't sign it, don't give her the money. Anything you buy for your daughter, keep the receipt and have her sign those too when you give her the stuff.
It's sad but I am telling you what I know because Hell hath no fury like a woman scorned and I screwed my ex BIG TIME...he pays me about half of his take home income and I recieve every yer his income tax return because he is in arrears.
Speaking of arrears, how old is the child?? Because if you do not have her sign receipts, she could make it to the US when the child is 13 or 14 and request child support for every year since the child was born...and if they make you pay for example $250 per month and the child at that time is 14 years old...........$250 x 168 months= $42,000 and they want you to pay that RIGHT THEN! If you don't have it then, they will add more money onto your support...for example $50 then your support per mo goes to $300 but arrears (the amount behind that you owe) charges interest so at $50 per month you barely pay any when the interest is $15 per month. My ex has been paying on his arrears for 4 years now and I think it is only $1000 less than what it was 4 YEARS AGO!
SHALENA

donluis99 said:

Well informed answer, thank your so far.

There is a line on the form for the declaration that states:

If I am in non-agreement for support, to sign. This effectively denies my responsibility in the USA, but also denies the child US citizenship, WHICH by the way obviously is not a RIGHT but a privilege.

I will see to it that my child is CARED for here in the DR, as long as I am alive, I would also do so in the US if I lived in the US with a US income, but I am not and do not. I live and work here in the DR, como dicen !mucho trabajo poco plata!

BUT I can not jeopardize to lose income to care for my other three children and my Wife. Sacrifice us 5 for one, no way.

Very interested to hear more............

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I understand what you are saying but I'm going to say something to you that hopefully someone else has already said, something that Dominican men (I am assuming you are Dominican) need to hear more of.....................

TOUGH TITTY! I feel for you because she could make a mess for you, but also, I am assuming that you CHEATED on your wife since you have 3 other kids and you are speaking like the child of this woman is young. Sometimes you have to pay the consequences for the sh*t that you do...my momther used to always say, "When you lie down with dogs, you get up with fleas" and now your ass is itching. I am not saying sacrifice 5 for 1 but that child regardless of how you think or feel about her mother, deserves EVERY luxury and chance at a good life that you give your other 3 children.
SHALENA

An American parent can pass US citizenship to his offspring until they are 18 years old. So, you could wait until the child is 17 to pass on the citizenship making for no time to push for child support.

It is good advice to have receipts for the child support you pay in the DR.

donluis99 said:

In as I am a non-US resident, if the mother somehow manages to acquire a US visa, and somehow manages to take my child to the USA, can she solicit child support from a US court?

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She needs your authorization in a document signed in front a notary and stamped for the Dominican immigration office; this is the only way she can take the baby to the US.
Don?t worry about that.

JJ

donluis99 said:

I have no intention of giving the mother the passport, really I am against to get the passport, but if something should happen to me, I think it should be available to my child, otherwise I will give it to when she is 14 or 16, at one age or the other no dual parental permission is needed for passport or travel, according to US law, but according to DR suggestive law it is 18.

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Yes, but remember. The baby is a Dominican citizen too and her mother can apply for a Dominican passport. They can fly to the US with tourist visa you never know.

JJ

donluis99 said:

I am aware of this law, but do you understand we are in the DR where laws are merely suggestions!

Also unlikely but it is possible to get a court order to allow the exit.

I have no intention of giving the mother the passport, really I am against to get the passport, but if something should happen to me, I think it should be available to my child, otherwise I will give it to when she is 14 or 16, at one age or the other no dual parental permission is needed for passport or travel, according to US law, but according to DR suggestive law it is 18.

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You don't have to get her a passport, you just register her as an American citizen, at the consulate they will provide you with a "Birth abroad certificate" and you can if you want get her a passport, or you can wait until she turns 18yr and let her get her own passport.

If you register the child as an American citizen you then become liable to the child support laws of the US Govt. I wouldn't register the child unless your prepared for the headaches to follow from the US Govt. Get some legal advise on this matter.

badpiece33 said:

If you register the child as an American citizen you then become liable to the child support laws of the US Govt. I wouldn't register the child unless your prepared for the headaches to follow from the US Govt. Get some legal advise on this matter.

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Yes, but the mother doesn't have a U.S. visa, and i don't think she can get one either, and if he doesn't give the mother the U.S. passport she can't take the child outside country either, so he only have to pay child support in DR in DR Pesos.

Excuse my assumptions..........
Definitely you should NOT support the mother, that is why I also said when you buy things for the child have her sign the receipt. Just in case you DO end up in a courtroom, you have proof that you are giving her money and also providing clothing, essentials, and other things for the child.
SHALENA

Ezequiel said:

Yes, but the mother doesn't have a U.S. visa, and i don't think she can get one either, and if he doesn't give the mother the U.S. passport she can't take the child outside country either, so he only have to pay child support in DR in DR Pesos.

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Once the child has a social security number the mother can go to the US consolate and take the US citizen to child support. They will find his assets in the US and force him to pay child support. Once child becomes US citizen dad becomes responsible to care for child under US law which will make him pay approx 19% of his earnings pre tax to mother of child.

badpiece33 said:

Once the child has a social security number the mother can go to the US consolate and take the US citizen to child support. They will find his assets in the US and force him to pay child support. Once child becomes US citizen dad becomes responsible to care for child under US law which will make him pay approx 19% of his earnings pre tax to mother of child.

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I wonder if she is well verse in U.S. child support law! :cheeky:

And i don't think the father is going to give the mother the child SS# or any papers that says that the child is a U.S. citizen.

Ezequiel said:

I wonder if she is well verse in U.S. child support law! :cheeky:

And i don't think the father is going to give the mother the child SS# or any papers that says that the child is a U.S. citizen.

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But if the mother gets a DNA test to prove that he is the father, can't she then request for US citizenship for her child??
I mean, if 2 illegal Mexicans can have a baby and have it considered American because of it being born there, this child should have more of a right since one of her parents is American...regardless of where she is born.
But I definitely have no experience on that.
SHALENA
P.S.
She doesn't need to be well versed in Child Support law...all she needs is someone who knows a LITTLE and a taste for revenge........................................................

SKing said:

But if the mother gets a DNA test to prove that he is the father, can't she then request for US citizenship for her child??
I mean, if 2 illegal Mexicans can have a baby and have it considered American because of it being born there, this child should have more of a right since one of her parents is American...regardless of where she is born.
But I definitely have no experience on that.
SHALENA

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NO, the father have to recognized the child as his, and support the child until the child is 18yr in order to pass citizenship to the child, and request at the U.S. consulate or Ambassy for the child to be registered as an U.S. citizen, and proved that he had lived in the U.S. some period of time 5yr years before the child birth.

Now he can recognized the child as him, but if he doesn't support the child, he CAN'T pass U.S. citizenship to that child or if he had lived outside the U.S. for a long period of time 5yr or longer he can't pass citizenship the his child.

On citizenship

[None of the following constitutes legal advice. You should consult a lawyer licensed to practice in the relevant jurisdiction before making any legal decisions.]

I will try to reserve my personal judgments against anyone who would recommend avoiding confirming the US citizenship of one's child until 18 so as to avoid a legal obligation (you can't get away from the moral one) to financially support his children, whatever the relationship with the mother, and just give you legal facts from the perspective of a US attorney. Its long, so I'll give a few posts.

First things first -- US citizenship is neither a right nor a privilege. It is a status. In the US you are an alien (that has man different forms), or a citizen, or stateless. The law even describes changing from one category to another as “adjustment of status.” You either are or you are not. What is really at issue here is the process put in place to prove whether or not an individual has the particular status. There are many US citizens who cannot prove their status as such and so are denied their rights as citizens, but that does not change their status.