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  1. #1
    Join Date
    Sep 2013
    Posts
    1

    Default Overseas Mom and Deadbeat Non-Custodial Father

    My question involves child support in the State of: New York

    I'm a former New York (USA) resident with one child. My ex husband/child's father still resides in New York. We have a divorce and child support agreement already in place. I and our child moved overseas (with my ex's legal permission and a court modification to the custody agreement).

    My ex stopped paying child support. We left when my child was 18, but New York's child support standard is payment until 21. Even though there is a child support treaty in our new country, the local authorities refuse to pursue a back child support case for either of us because said child is a legal adult. I cannot find a way to file a case from outside the US requesting back child support.

    I've tried emailing lawyers in New York state about whether child support is still owed and several firms all agree that residence in the US is not required. For between $5,000 and $10,000 they will gladly remotely handle my case. However, they cannot assure me of either getting the child support collected or being able to recover any legal fees.

    I've tried contacting the New York child support authorities directly but was told I have to be resident in the state to get assistance. I can't find any mention of a federal child support division who might handle this issue. I'm looking for information on what government department, organization, or authority to contact to file for enforcement and collection of the child support decree while we are overseas.

  2. #2
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Overseas Mom and Deadbeat Non Custodial Father

    If you can't find help on either side to enforce, you're likely going to be out of luck.

    There is no Federal child support enforcement agency.

  3. #3
    Join Date
    Nov 2007
    Location
    Officially across the country from where I've been all my life
    Posts
    4,494

    Default Re: Overseas Mom and Deadbeat Non Custodial Father

    That's correct. If NY requires you to be a resident, then you're out of luck there. If you want to collect, or try and collect, you're going to have to pay an attorney to do it.

  4. #4
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Overseas Mom and Deadbeat Non Custodial Father

    Actually, there is. The problem is they only assist with Hague Convention countries interfacing with state agencies.

    http://www.acf.hhs.gov/programs/css


    Quote Quoting Dogmatique
    View Post
    If you can't find help on either side to enforce, you're likely going to be out of luck.

    There is no Federal child support enforcement agency.

  5. #5
    Join Date
    May 2013
    Posts
    125

    Default Re: Overseas Mom and Deadbeat Non Custodial Father

    You are not necessarily "out of luck".

    The father still resides in NY.

    Have you tried going back to the NY court which rendered your divorce/custody/support Order, and seek to have its order enforced?

    This by filing a motion for contempt in that court against the father for non-payment of court ordered child support?

    UIFSA guidelines, which NY has adopted, only requires a state have jurisdiction over the payor in order to enforce a child support order. Whoever told you that you have to be a resident of NY for that state enforce a child support order that originated in that state, and in which your ex continues to reside, is wrong.

  6. #6
    Join Date
    Jul 2012
    Location
    So Cal
    Posts
    854

    Default Re: Overseas Mom and Deadbeat Non Custodial Father

    A few questions:

    In what country are you currently residing? Does your child still live with you? How old is your child now?

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