Child Support from USA father

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wrecksum

Guest
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.
 
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playacaribe2

Guest
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.
Neither a US passport or a birth certificate establish actual paternity.......even if he signed the birth certificate..........but a DNA test does/will.

That having been said, she is likely one of literally thousands of women who have children in the DR born to US citizens. I am amazed at the stories I have heard about the babies' papi being a US citizen.........the bulk of the putative fathers being Dominicans born in the US.

Her quest is a long complicated journey, that will require financial resources which she does not seem to have. If the father will not cooperate with or cannot be found...........sorry to say...........she is likely on road that ends in a dead end.

Good luck.


Respectfully,
Playacaribe2
 
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wrecksum

Guest
There is no dispute over paternity.The father has acknowledged the child and is registered with the US authorities but since he is no longer here no money has been forthcoming from the family.

I have explained that this can take years to resolve,if ever, but if I understand from Matilda's link she should start through the Dominican courts.
But where to start?
 
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DR_Guy

Guest
First place I would go is the US Embassy. They got a special office/service for US citizens. That's probably the best free advice you will get.

Edit: Maybe kid qualifies for some sort of SS benefit. Who knows.
 
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DR_Guy

Guest
Also, if you read the article, she needs to get an award for child support here first. That should not cost much at all.
 
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Commander Ooh La La, USN

Guest
The best thing for her to do is contact Evony Suazo who was the first Dominican woman to achieve the payment of child support from a US citizen through the courts in the US.

https://hoy.com.do/dominicana-logra-fallo-a-su-favor-en-corte-de-familia-eu/

Matilda
I dont think that woman ever received a dime. As I have said countless times States cannot enter treaties with foreign nations. Clearly New Jersey knows what they are doing is illegal and unenforceable in federal court.

Sent from the Federation Intergalactic space vessel: DromOlax 3B55-90R
 
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Commander Ooh La La, USN

Guest
Neither a US passport or a birth certificate establish actual paternity.......even if he signed the birth certificate..........but a DNA test does/will.

That having been said, she is likely one of literally thousands of women who have children in the DR born to US citizens. I am amazed at the stories I have heard about the babies' papi being a US citizen.........the bulk of the putative fathers being Dominicans born in the US.

Her quest is a long complicated journey, that will require financial resources which she does not seem to have. If the father will not cooperate with or cannot be found...........sorry to say...........she is likely on road that ends in a dead end.

Good luck.


Respectfully,
Playacaribe2
Join the club. The Govt of the Phillipines has the same greivance against the Chinese men who likewise come there to blast themselves into the "poor Filipinas" and leave them with child. Same complaint against the Chinese in Uganda and several other African countries with major civil engineering projects financed by Chinese corporations. Apparently "spreading yourself around" is as old as the sea.

Sent from the Federation Intergalactic space vessel: DromOlax 3B55-90R
 
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playacaribe2

Guest
There is no dispute over paternity.The father has acknowledged the child and is registered with the US authorities but since he is no longer here no money has been forthcoming from the family.
There is no dispute.........until there is a dispute.....his prior acknowledgement notwithstanding. Lots of people sign a birth certificate.....who are not the biological father.........and then when they realize they may have support obligations and then hire counsel..........a paternity test may be demanded. Perhaps that is not the case here.........just know that it could be.

I have explained that this can take years to resolve,if ever, but if I understand from Matilda's link she should start through the Dominican courts.
But where to start?
The child and family court pf the DR is the place to begin. She will need to have notarized copies (expense) of all documents she is using to establish paternity.

Then once an order of support is ordered, it now needs to be translated and served (expense) upon the father and marked up for a court hearing for enforcement in the state of residence of the father.

Does she know where the father is? Is the father working? Will he even show up to a hearing? If he has sent nothing up to this point, chances are very very small she will be successful.

So many more possible impediments, it is little wonder so few of these EVER turn out ok..........and that is unfortunate for the child.

Good luck.

Respectfully,
Playacaribe2
 
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Matilda

Guest
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Commander Ooh La La, USN

Guest
I think you will find she did receive money. More information here

https://www.nj.com/news/2012/04/nj_officials_child_support_ord.html

Matilda
Doesnt say anyone received money. It says NJ took $1.2Billion from people(and insinuates theoretically that this money has been used to help children out of poverty). It make ME wonder if such an action(these "agreements" between a State and a foreign nation) were truly legal why is NJ the only state to do it?

What I believe to be the case, actually is the State is seizing peoples money and putting it in escrow(in the event that there is ever an official treaty between the USA and the other place). Then using the interest generated from an escrow account(holding maybe $1.2B) to operate, finance and subsiDize the Child Support Office of the NJ Family Court. Theft at its best.

Sent from the Federation Intergalactic space vessel: DromOlax 3B55-90R
 
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wrecksum

Guest
The kid is a US citizen,they were legally married and the father, whose present whereabouts in the US are completely known, lived here for a time.He is not broke or bankrupt by a long way.Nobody is disputing paternity.That is not the issue.

According to the USGov website the DR is a member of the Hague Convention which applies to legal jurisdiction between co-operating states.

I know it has been done successfully but just looking for the first step to take.It's of no account if it takes years as long as something can be done to help before the kid gets to school age.
 
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Matilda

Guest
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
 
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playacaribe2

Guest
The kid is a US citizen,they were legally married and the father, whose present whereabouts in the US are completely known, lived here for a time.He is not broke or bankrupt by a long way.Nobody is disputing paternity.That is not the issue.
So if paternity is not the issue (I suspect it could become one regardless), and he is neither broke nor bankrupt.........why is he not paying something now?

According to the USGov website the DR is a member of the Hague Convention which applies to legal jurisdiction between co-operating states.
Yes there is comity of law between the US and other countries including the DR......but this is a state matter and under the jurisdiction of the law of the state in which the alleged father resides.....and subject to its laws/procedures.

I know it has been done successfully but just looking for the first step to take.It's of no account if it takes years as long as something can be done to help before the kid gets to school age.
Yes, there are rare cases of success. So unless this is one of those rare cases..............with relentless pursuit and an alleged father who does not fight it..............

I am not suggesting it is impossible...........but unless the father cooperates.........this could well go on for years/decades.

Again, good luck.

Respectfully,
Playacaribe2
 
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Cdn_Gringo

Guest
If the father is uncooperative and his lack of support suggests that is/will be the case, then, at the very least the Mother needs a Dominican Court Order for support and then will have to drag the Father into a US court to have the DR order enforced. A court order is worthless without the means of enforcing it.
 
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El Rey de Mangu

Guest
If the father is uncooperative and his lack of support suggests that is/will be the case, then, at the very least the Mother needs a Dominican Court Order for support and then will have to drag the Father into a US court to have the DR order enforced. A court order is worthless without the means of enforcing it.
I believe it is considered proper service if they publish the summons in the newspapers (where, don't know) in paternity cases between DR and US (unless the law or the reciprocation agreements have changed, which is quite possible). The mother (in DR) would not have to appear in court in order to have a support order granted.
 
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Commander Ooh La La, USN

Guest
The kid is a US citizen,they were legally married and the father, whose present whereabouts in the US are completely known, lived here for a time.He is not broke or bankrupt by a long way.Nobody is disputing paternity.That is not the issue.

According to the USGov website the DR is a member of the Hague Convention which applies to legal jurisdiction between co-operating states.

I know it has been done successfully but just looking for the first step to take.It's of no account if it takes years as long as something can be done to help before the kid gets to school age.
1. The parent has to apply for US citizenship for the child if the child is born outside the USA and not on a US military base overseas. Just having an American parent isnt good enough anywhere.

2. Hague Convention is meaningless. That defines how combatants are to be treated during armed hostilities. What the US doesnt have with DR that it has with Germany and France and Israel is a Child Support Enforcement Treaty.

Like Playacaribe...one can try but record keeping and document deciphering in DR doesnt live up to developed country standards so dont expect much.

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Commander Ooh La La, USN

Guest
If the father is uncooperative and his lack of support suggests that is/will be the case, then, at the very least the Mother needs a Dominican Court Order for support and then will have to drag the Father into a US court to have the DR order enforced. A court order is worthless without the means of enforcing it.
14th Amendment of the US Constitution prevents that from happening as you wrote it. Why would a US court administrate a Dominican court order?
If she and the child were in the US then she would have cause and an entire punitive family court system at her disposal.

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