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  1. #11
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    Default Re: Ex Wife in Brasil Asking for 10 Years of Child Support

    Jurisdiction and enforceability are two separate issues. He received legal documents originating in Brazil, not the States. He needs to speak with an attorney.

  2. #12
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    Default Re: Ex Wife in Brasil Asking for 10 Years of Child Support

    Quote Quoting EA1070a
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    Jurisdiction and enforceability are two separate issues. He received legal documents originating in Brazil, not the States. He needs to speak with an attorney.
    His question was "does she have any ability to collect money from me?" That question was answered.

  3. #13
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    Default Re: Ex Wife in Brasil Asking for 10 Years of Child Support

    You want to get into semantics? Yes, he received an answer. Based on the facts he presented, he didn't receive an answer that was necessarily accurate.

  4. #14
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    Default Re: Ex Wife in Brasil Asking for 10 Years of Child Support

    Quote Quoting EA1070a
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    Dad lives here. Child resides in a foreign country. I see a huge issue here re: a foreign country having jurisdiction over dad.
    Based upon what legal theory?
    Quote Quoting EA1070a
    But jurisdiction to go after you financially for 10 years of back support?
    Perhaps you mean to be using a term other than "jurisdiction"? Personal jurisdiction was established through the original divorce and custody action, and subject matter jurisdiction does not appear to be in dispute.
    Quote Quoting Drachir
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    We were married for a little more than 2 years while I was living in Brasil. I remarried, had a child by my second wife, also Brasilian and we moved back to the States.
    i.e., the Brazilian court has jurisdiction over the divorce and custody issues. It's not clear why the court did not issue a child support order at the time of divorce; perhaps it did.
    Quote Quoting Drachir
    My ex wife never let my first son visit me here or speak to me things that were sent to him she never gave him.
    You can seek to enforce your visitation rights through the Brazilian courts.
    Quote Quoting Drachir
    Have never heard anything from her until now, it has been 10 years, does she have a way to collect money from me?
    Assuming this child support order was entered after you left Brazil, you should consult a Brazilian lawyer about any defenses you may have to the order based upon the lack of personal notice to you of the support proceedings. You can also attempt a due process argument against any attempt to domesticate the judgment for enforcement in the United States - if that becomes necessary, it would be helpful to have certified copies of the original court documents relevant to your case, along with certified translations by a court-qualified translator.
    Quote Quoting Drachir
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    Thank you for the responses. Even though they both seem to differ. When you say she can get the US to collect, there is a process to that right? Not just them taking money from me, I will have an opportunity to have my say correct?
    You would have the opportunity to challenge the order, including a possible due process claim if it was entered without your being notified of the proceedings. You won't get to retry the substance of the case - the U.S. court will either find that the order is enforceable in the U.S. or that it's not, but it's not going to recalculate support.

  5. #15
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    Default Re: Ex Wife in Brasil Asking for 10 Years of Child Support

    Since Kulko, courts that have considered the issue have concluded that a support judgment of a foreign nation is only entitled to recognition and enforcement by courts in this country if the foreign nation's court had personal jurisdiction over the defendant. Thus, support orders of foreign countries are only entitled to recognition and enforcement by courts in the United States if the party seeking enforcement establishes two facts. First, the foreign court must have had personal jurisdiction over the defendant. Second, the foreign judgment must accord with principles of comity.
    Link

    Enough legal theory?

    Read the section on support issues.

    And again, collection is another matter entirely.

  6. #16
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    Default Re: Ex Wife in Brasil Asking for 10 Years of Child Support

    Quote Quoting EA1070a
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    You want to get into semantics? Yes, he received an answer. Based on the facts he presented, he didn't receive an answer that was necessarily accurate.
    I gave him a completely accurate answer. Mom can file for child support in the US courts and can and will win an order for child support.

  7. #17
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    Default Re: Ex Wife in Brasil Asking for 10 Years of Child Support

    Quote Quoting llworking
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    I gave him a completely accurate answer. Mom can file for child support in the US courts and can and will win an order for child support.
    In the US courts? Sure, although enforcement might be tricky. But dad wasn't asking if she could bring an action against him in the US courts. And if support wasn't established in Brazil, personal jurisdiction could very well be a huge issue.

    Like I said, dad needs to speak to an attorney in the state where he resides and take in ALL of the original docs from his divorce action in Brazil. A divorce attorney who is well versed in international support issues is crucial.

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