Foreign Lawsuit to Support Parents

[socalbrazilian]

Hi Everyone,

I am posting this in case someone has experienced or heard of a similar case and know of its validity. I was born and raised in Brasil and now live in the U.S., been here for almost 20 years, legally, my dad lives in Brasil and took me to court for financial support. Yeah, exactly my dad. In Brazil, there is a law similar to childsupport but the reverse where the parants can take the kids to court for financial support. I may not be able to represent myself or hire a representative at the hearing scheduled at the end of the year in Brazil. I know if i don't comply with the decision made by the judge i can go to jail once i step in the country, but my main concern is what the outcome could be here in the United States. Should the Brazilian court have a judgement against me, would the American court enforce this decision? I am just trying to avoid spending money that i don't have to hire a U.S. attorney.

Any feedback is welcome and appreciated, thanks.

[Mr. Knowitall]

The foreign litigation has absolutely nothing to do with international law. It's a matter of domestic Brazilian law. Talk to a lawyer in Brazil.

If somebody tries to enforce a foreign judgment against you in a U.S. Court, you can consult a lawyer about raising whatever defenses might apply to its registration and enforcement. For example, you might be able to argue that the Brazilian court lacked jurisdiction over you due to your having relocated from that country, or that your rights weren't properly respected in the foreign litigation. What you might do then depends in no small part upon events that have not yet happened.

[LollaKirillova]

The foreign litigation has absolutely nothing to do with international law. It's a matter of domestic Brazilian law. Talk to a lawyer in Brazil.

If somebody tries to enforce a foreign judgment against you in a U.S. Court, you can consult a lawyer about raising whatever defenses might apply to its registration and enforcement. For example, you might be able to argue that the Brazilian court lacked jurisdiction over you due to your having relocated from that country, or that your rights weren't properly respected in the foreign litigation. What you might do then depends in no small part upon events that have not yet happened.

The Uniform Enforcement of Foreign Judgments Act 1964— UEFJA .
The Uniform Foreign Money-Judgments Recognition Act — UFMJRA 1962
There is no bilateral treaty or multilateral international convention in force between the United States and any other country on reciprocal recognition and enforcement of judgments. Although there are many reasons for the absence of such agreements, a principal stumbling block appears to be the perception of many foreign states that U.S. money judgments are excessive according to their notions of liability. Moreover, foreign countries have objected to the extraterritorial jurisdiction asserted by courts in the United States. In consequence, absent a treaty, whether the courts of a foreign country would enforce a judgment issued by a court in the United States depends upon the internal laws of the foreign country and international comity/The general principle of international law applicable in such cases is that a foreign state claims and exercises the right to examine judgments for four causes: (1) to determine if the court had jurisdiction; (2) to determine whether the defendant was properly served; (3) to determine if the proceedings were vitiated by fraud; and (4) to establish that the judgment is not contrary to the public policy of the foreign country. While procedures and documentary requirements vary widely from country to country, judgments which do not involve multiple damages or punitive damages generally may be enforced, in whole or in part, upon recognition as authoritative and final, subject to the particulars cited above, unless internal law mandates a treaty obligation

[Mr. Knowitall]

In consequence, absent a treaty, whether the courts of a foreign country would enforce a judgment issued by a court in the United States depends upon the internal laws of the foreign country and international comity....

The question was about whether a U.S. court would enforce a theoretical Brazilian judgment, not the other way around.