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  1. #1
    Join Date
    Jan 2011
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    Massachusetts
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    7

    Question International Paternity and U.S. Courts

    My question involves paternity law for the State of: Massachusetts
    Hello Folks, I have some questions and at 46 am a little embarrassed to ask such things.
    I was involved with a gal from Canada, down on work via (That cannot be extended and the green card process has not been started at this time), that US work status expires Sept of this year, 2011.
    We were intimate and now she is 5 month pregnant (Due in May 2011). Once she became pregnant the relationship deteriorated to the point that she is saying itís all her, she may move home to Canada, expecting child support as a wage garnish.
    Paternity has not been proven although I expect itís my child.
    As a point, once I found this out about the pregnancy, Attempted over the months to do the proper things (Not that it matters in court), I said I would buy a home, she can have the child and after some time if we are good to each other, marriage. The relationship broke down when she said, ďI donít expect to work for say 5 years, you will buy our home, you will take care of her and the baby in addition to an $800 a month horse stable fee.
    The above absurdities, what are my right and hers if (Assuming the child is mine under a DNA test):
    1) She stays in the US, has the child
    2) She stays in the US has the child and then moves home to Canada with the child
    3) She heads to Canada, has the child as a Canadian citizen

    Thank you for any guidance,
    Stressed

  2. #2
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: International Paternity and U.S. Courts

    Quote Quoting nicehughman
    View Post
    My question involves paternity law for the State of: Massachusetts
    Hello Folks, I have some questions and at 46 am a little embarrassed to ask such things.
    I was involved with a gal from Canada, down on work via (That cannot be extended and the green card process has not been started at this time), that US work status expires Sept of this year, 2011.
    We were intimate and now she is 5 month pregnant (Due in May 2011). Once she became pregnant the relationship deteriorated to the point that she is saying it’s all her, she may move home to Canada, expecting child support as a wage garnish.
    Paternity has not been proven although I expect it’s my child.
    As a point, once I found this out about the pregnancy, Attempted over the months to do the proper things (Not that it matters in court), I said I would buy a home, she can have the child and after some time if we are good to each other, marriage. The relationship broke down when she said, “I don’t expect to work for say 5 years, you will buy our home, you will take care of her and the baby in addition to an $800 a month horse stable fee.
    The above absurdities, what are my right and hers if (Assuming the child is mine under a DNA test):
    1) She stays in the US, has the child
    2) She stays in the US has the child and then moves home to Canada with the child
    3) She heads to Canada, has the child as a Canadian citizen

    Thank you for any guidance,
    Stressed
    In all three scenarios you have the right to estabish paternity, child support, custody and parenting time.

    In 1 and 2 you have a greater chance of keeping the child in the US, as a court might not allow her to take the child to Canada.

    In 3 the child will be living in Canada and you will have to establish everything via the Canadian Courts.

    However, bottom line is that she cannot remain in the US unless she can get a green card, and that's unlikely unless you marry her. Therefore you are going to have a child who has parents living in two different countries, which is really going to stink for your child.

  3. #3
    Join Date
    Jan 2011
    Location
    Massachusetts
    Posts
    7

    Default Re: International Paternity and U.S. Courts

    Thank you very much, You told me what I thought.

    Most important as I knew, I have the rights to estabish paternity, ONLY if she stays in the US, there is no real international alignement is such matters.

    Additionally,
    1) If she has the child in the US, I have rights for the child on the upside, downside, welcome to 30% gross in child support, for 18 yrs or more assuming college.

    2) If she has the child in Canada, I have no rights to the child on the downside, but the upside is there is not alignment between courts. Therefore, I pay what I feel proper for my child (Post paternaty establishment) as its not based on Mass laws. If in the event she goes to a Canadian court to have some remote judgement against me for support, there is no vehicle for collection in the US or incarseration risk in the US. (Then again, there might be in Canada if it takes that route).

  4. #4
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: International Paternity and U.S. Courts

    I hate to break this to you, but there ARE reciprocal agreements between the US and Canada for the collection and enforcement of child support orders...

    Here's an example: read here

  5. #5
    Join Date
    Jan 2011
    Location
    Massachusetts
    Posts
    7

    Default Re: International Paternity and U.S. Courts

    Dam! Well I would pay anyway, I just would prefer to manage my finances and the childs needs, as compared to just giving moneies to support the girl and whomever she chooses to be with.

  6. #6
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
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    Default Re: International Paternity and U.S. Courts

    Here's the kicker (and you're really not going to like this part)...

    If you're ordered to pay child support - by either country - there is no law (in any Canadian province or any US state, of which I'm aware) making Mom account for how she spends that child support...so either way, realistically you'd be supporting Mom's right to do what she pleases.

    (Provided of course the child is clothed, fed, housed etc.,)

    Many (if not all) NCPs feel this is terrifically unfair, but that is pretty much the bottom line.

  7. #7
    Join Date
    Jan 2011
    Location
    Massachusetts
    Posts
    7

    Default Re: International Paternity and U.S. Courts

    Thanks Dogmatique,
    That part I knew, I know many guys that have been hammered from that small injustice. I guess the only upside to the law is it really doenst favor the women, or the man, but the child and takes the funding from the major breadwinner. The good news here, share makes almost as much as me, doctor. So therfore, I fight for joint custody.

  8. #8
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: International Paternity and U.S. Courts

    If by joint custody you mean something along the lines of a 50-50 timeshare, that's not going to happen unless a) you and Mom live close together and b) you're BOTH in agreement.

    If Mom doesn't agree, the court isn't going to order it for an infant against Mom's wishes.

  9. #9
    Join Date
    Jan 2011
    Location
    Massachusetts
    Posts
    7

    Default Re: International Paternity and U.S. Courts

    Yup, I guessed that as well, so plan to pay 30% from gross for 16 to 24 yrs. :-(
    Now I am learning why men die young! Looks like owning a cash business may be
    more palatable in my future.

  10. #10
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: International Paternity and U.S. Courts

    ...you realize that even with 50-50, child support can still be ordered, right?

    Besides. This really shouldn't be about you.

    This is about the child...who deserves to be supported.

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