Child support laws in DR

maybe deportation for beeing illegally in the country?
generally in the fights for child support the judges favor the poor mothers which have to feed the lil one much over the macho who did it and runs away from his responsabilities.
of course a lot depends on 'what you are living from/paying rent from' aso. you mentioned you are unemployed, but i assume you are not living/eating from the fresh pure caribbean air on the streets of StDgo?
Mike

section8 said:

Where can I find inforamtion on child support laws in DR and how the system works?

I'm a US citizen living illegally in DR and currently unemployed , I've been paying child support on the basis of a verbal agreement between me and the mother of my child but the situation has escalated and she's threatning to take leagl actions.

What should I expect as an outcome of this>?

Click to expand...

She can perfectly sue you for child support at the Children and Adolescents Court (Tribunal de Ni?os, Ni?as y Adolescentes) (Law No. 136-03).The common practice by judges in these cases is to grant mothers, first of all, a minimum sum which would enable her to take proper care of the child (basic education, transportation and nutrition expenses), and, on top of that, a sum that would allow the mother to maintain her child's pre-lawsuit living status. In other words, if a guachiman gets sued and the child has lived all his life in guachupita living from minimum wage income parents, the judge will grant the mother a sum that would cover the child's basic needs, without taking into consideration the father's income. On the flip side, if who is suing is the wife of a big shot banker or politician , then the judge will most likely condemn him to pay a sum that could cover expenses equivalent to his son's usual past lifestyle (trips to Aspen and Paris included). You could be summarily sentenced to up to 2 years in prison in case of non compliance to these rulings (need to double check prison the time, but I'm sure it is at least a year).

yeap buddy,
sounds to me you did it all meant good til it went bad for ya(unemployment).
by the statement of our bordlawyer Sr Guzman i would assume that a court would not take much of your really good doing prior efforts into count. sad situations, not much to recommend, sorry.
but wish ya good luck to get a acceptable deal with the Ex.
Mike

Get a good lawyer and go fight it. If you are unemployed, they cannot "make" you pay money you don't earn (e.g. the same you were paying while you were working). They may ask you to pay the minimum though. I know some judges at Tribunal de Ninos at Procuraduria General (no case myself, fortunately, but was helping fight an inheritance issue for a friend of mine) and the ladies are quite reasonable.

Alfredo Guzman said:

She can perfectly sue you for child support at the Children and Adolescents Court (Tribunal de Ni?os, Ni?as y Adolescentes) (Law No. 136-03).The common practice by judges in these cases is to grant mothers, first of all, a minimum sum which would enable her to take proper care of the child (basic education, transportation and nutrition expenses), and, on top of that, a sum that would allow the mother to maintain her child's pre-lawsuit living status. In other words, if a guachiman gets sued and the child has lived all his life in guachupita living from minimum wage income parents, the judge will grant the mother a sum that would cover the child's basic needs, without taking into consideration the father's income. On the flip side, if who is suing is the wife of a big shot banker or politician , then the judge will most likely condemn him to pay a sum that could cover expenses equivalent to his son's usual past lifestyle (trips to Aspen and Paris included). You could be summarily sentenced to up to 2 years in prison in case of non compliance to these rulings (need to double check prison the time, but I'm sure it is at least a year).

Click to expand...

Another question:
I have a buddy here who's living with his child, the mother of his child and her 3 kids from a previous relationship. Apparantely the relationship is not what it's supposed to be and he's thinking of leaving his woman, besides paying for his child would he also have to pay for the other ones?

section8 said:

I would probably be better off getting deported

Click to expand...

You might be better off getting a paternity test. :surprised

I don't think you'll get deported, most likely you'll get an "impedimento de salida" or have to leave a credit card # on file with the government if you want to leave the country.

Which I would do ASAP if I were you, go to the US and get a job so you can keep supporting your kid. Things are bad there, but not as bad as they are here. (yet)

section8 said:

I've been working for the past 2 years giving most of my earnings to the mother ever since the pregnancy, I've been paying rent on an aprtment for her and the baby for and she even moved in her mom. Her brother also helps out. But now that I'm unemployed and unable to pay rent I'm the bad guy all of a sudden and they are talking about court. I currently live with my parents who have never associated with them and they even warned me this would happen, they're not going to get involved and will never pay a single peso to support anyone .
I would probably be better off getting deported

Click to expand...

Are your parents Dominican? If they are you're not going to get deported so you better find a job.

section8 said:

I've been working for the past 2 years giving most of my earnings to the mother ever since the pregnancy, I've been paying rent on an aprtment for her and the baby for and she even moved in her mom. Her brother also helps out. But now that I'm unemployed and unable to pay rent I'm the bad guy all of a sudden and they are talking about court. I currently live with my parents who have never associated with them and they even warned me this would happen, they're not going to get involved and will never pay a single peso to support anyone .
I would probably be better off getting deported

Click to expand...

Is not about getting deported you should be thinking about, but in reality the jail time probabilities alone!

The Law is used to the degree it can be used against those parents that refuse to at least come to a minimum understanding with the court. The court will accept that you present the argument of being supported by your parents while not at work. The again, it will equally ask you how your child will "survive" if she's unable to work given her age, just like you, she must rely on parents.

If you take that approach in defending your stance to the court (I'm not working, currently supported by parents, illegal stay in the DR, unable to work w/o cedula, etc...), it may backfire on you, since the court could then order you to meet the given criteria for your child support payments and send you to jail!

I'm very sure, just like the court will be, that somebody will come to bail you out (parents) and therefore, have to pay your child support payments.

Child support in the DR is not like in the US, where people can't be forced or jailed as easy... Don't take time in a DR's Jail as something you could do to avoid payments!!!! You could be taking a gamble with your life, which could spell disaster to you and your offspring’s future.

You have to own-up to your responsibilities, a child is not a toy or thing. Forget what the mother could do with the money or family! You can even petition the court to allow you to purchase directly the food stuff, rent payment and other things instead of just handing out the money to the mother outright.

Now you understand why many young women in the DR end up having kids with married men! You see, married men with kids already support their families and, there's less of a chance that they would leave them penniless with kids down the road of love and passionate nights.

Go find work and take care of your kid! Kiss some major behind, whatever can bring you to good terms with the mommy of your kid; you really don't want to taste the DR's child support system...

section 8, the fact that you are not married to the child's mother is irrelevant for child support purposes. It is also irrelevant that you are a US citizen.

Frank, you are only responsible for your own child, not for your child's mother's other children.

get an agreement in writting

Been there, oh still am there.

First make 100% it is your child, locally now you can get DNA done for less that 4 bills.

If you truly are not working and with out income, the judge will order a minimum of RD$3,000.00 per month, their out look is you have to eat and so does your child.

If you go to court, AND you do not have RECIEPTS that you have been taking care of this child, they can request from time of conception, plus 50% of child birth costs, and guess what, SHE WILL GET IT.


My child's mother tried to have a Order against my leaving the country served, an "impedimento de salida" this was after the judgement, actually she sued me, I ended up get her to a written agreement, the tribunal accepted and that was that.

Anyway, she still tried to get the impedimento de salida, the judge and court in general were frustrated and upset that she had wasted their time, they told me I could go as I wished.

Now if you have a court order against you, you are behind payments or have not paid, then they can get an impedimento de salida against you, then you would have to leave a bond, or coverage for the child support for the next 12 months AND pay an insurance policy that would pay the support if you did not return or at the end of 12 months make other arrangements for the payments.

Guess what else she can do......well pm and I will tell you, we do not want to them to know it they all ready do not.

Keep it out of if the tribunal if you can, get an aggrement in writting and get all receipts for EVERYTHING, including clothes and gifts.

Get her to sign a receipt that you have given her support in the past up until todays date.

Be sweet, be good, you say you are broke, well you gotta do something to get this fixed ASAP or it will HAUNT you until the kid is 18!


Again, BEST advice is MAKE 1,000% it is your child, NOW!

If the mother fights against this and cries you don't beleieve me, boho!

Even more, then if you go to the tribunal, make the denial of the child and the Tribuanl will order the DNA, on you tab of course.

learn from my mistakes, better for you!

best of luck

I would get out of DR if I was you before they put a impedimento de salida.

You are better off working in the states then in DR.

I do not trust females in DR...

Hey guys I have a question that is in line with the subject here. I have a friend in DR who had a child 5 years ago with a Dominican currently living in NY. He has never acknowledged the child officially and rarely helps out if at all. The mother wants to get child support from this guy, He is living legally in the USA and she knows his address, Can a ruling in the Dominican court be enforceable in the USA and how would she go about doing this?

Section 8. Just curious. What does your screenname refer to? The only sction 8's I'm familiar with are:

1. Welfare assistance to pay rents in the US.
2. Discharge from the US military for psychiatric reasons.

Just wondering.

Recent thread on this

badpiece33 said:

Hey guys I have a question that is in line with the subject here. I have a friend in DR who had a child 5 years ago with a Dominican currently living in NY. He has never acknowledged the child officially and rarely helps out if at all. The mother wants to get child support from this guy, He is living legally in the USA and she knows his address, Can a ruling in the Dominican court be enforceable in the USA and how would she go about doing this?

Click to expand...

There was a recent thread on this, though it strays and goes south at times, may have relevant information. Had the op worded the thread as you have, would have probably gotten more help and less backlash.

http://http://www.dr1.com/forums/legal/118754-order-child-support-dr-enforceable-u-s.html

La Rubia said:

There was a recent thread on this, though it strays and goes south at times, may have relevant information. Had the op worded the thread as you have, would have probably gotten more help and less backlash.

http://http://www.dr1.com/forums/legal/118754-order-child-support-dr-enforceable-u-s.html

Click to expand...

Link doesnt work.