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  1. #1
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    Jan 2013
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    Default Divorced Abroad, Ex-Wife Got a Child Support Order in Her Native Country

    My ex wife has sent some Brasilian legal document to my home regarding paying back child care. 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. 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. Have never heard anything from her until now, it has been 10 years, does she have a way to collect money from me?

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

    If she obtained court ordered CS in Brazil and can have the order domesticated in the US, you can be held responsible. Why don't you want to support your child? Does your current wife and child know what a loser they have for a dad?

  3. #3
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    Oct 2006
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    Default Re: Ex Wife in Brasil Asking for 10 Years of Child Support

    Quote Quoting Drachir
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    My ex wife has sent some Brasilian legal document to my home regarding paying back child care. 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. 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. Have never heard anything from her until now, it has been 10 years, does she have a way to collect money from me?
    There are some US states that have reciprocal agreements between the state and foreign countries. However, I am not finding any reciprical agreements between and US states and Brazil. However, that does not make it absolutely impossible for her to collect child support from you. She could pursue a child support case here in the US if she was really determined to do so.

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

    Yes, she can absolutely attempt to have the US collect the obligation.

  5. #5
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    Jan 2013
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    Default Re: Ex Wife in Brasil Asking for 10 Years of Child Support

    Quote Quoting Dogmatique
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    Yes, she can absolutely attempt to have the US collect the obligation.
    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?

  6. #6
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    Oct 2006
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    Default Re: Ex Wife in Brasil Asking for 10 Years of Child Support

    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?
    Yes, you would get a chance to have your "say" but honestly, what would you have a say about? If the child is your child a US court will make you pay child support for the child, period, end of story. It won't matter to the court that you have no visitation, because that would be a separate legal matter under the jurisdiction of Brazil.

  7. #7
    Join Date
    Jul 2012
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    So Cal
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    Default Re: Ex Wife in Brasil Asking for 10 Years of Child Support

    Dad lives here. Child resides in a foreign country. I see a huge issue here re: a foreign country having jurisdiction over dad.

    Dad, you need to speak to a lawyer in your area. I don't see that Brazil has personal jurisdiction over you. Over visitation? Most likely. But jurisdiction to go after you financially for 10 years of back support? I see an issue here. A major issue.

    Don't rely on opinions here. There's too much at stake. Make an appt with a good family law attorney ASAP.

  8. #8
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    Default Re: Ex Wife in Brasil Asking for 10 Years of Child Support

    Though Brazil is not party to the Hague Convention, many courts will recognize domestication of foreign orders or allow initiation of orders against their citizens. Unless OP supplies their state, further expounding on the situation is conjecture, hence the variation of opinion as to process.



    http://travel.state.gov/law/judicial/judicial_672.html



    Quote Quoting EA1070a
    View Post
    Dad lives here. Child resides in a foreign country. I see a huge issue here re: a foreign country having jurisdiction over dad.

    Dad, you need to speak to a lawyer in your area. I don't see that Brazil has personal jurisdiction over you. Over visitation? Most likely. But jurisdiction to go after you financially for 10 years of back support? I see an issue here. A major issue.

    Don't rely on opinions here. There's too much at stake. Make an appt with a good family law attorney ASAP.

  9. #9
    Join Date
    May 2010
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    201

    Default Re: Ex Wife in Brasil Asking for 10 Years of Child Support

    The he had better get an attorney that knows international law as well.

  10. #10
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    Oct 2006
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    Default Re: Ex Wife in Brasil Asking for 10 Years of Child Support

    Quote Quoting EA1070a
    View Post
    Dad lives here. Child resides in a foreign country. I see a huge issue here re: a foreign country having jurisdiction over dad.

    Dad, you need to speak to a lawyer in your area. I don't see that Brazil has personal jurisdiction over you. Over visitation? Most likely. But jurisdiction to go after you financially for 10 years of back support? I see an issue here. A major issue.

    Don't rely on opinions here. There's too much at stake. Make an appt with a good family law attorney ASAP.
    No one has suggested that Brazil has personal jurisdiction over dad. In fact, I stated the opposite because I state that I could find no reciprocal agreements between Brazil and any US states (there are many reciprocal agreements out there between states and other countries, and states of other countries).

    What has been suggested is that mom might sue dad in the US courts for child support. She absolutely CAN do that.

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