Page 1 of 2 1 2 LastLast
Results 1 to 10 of 11
  1. #1
    Join Date
    Feb 2010
    Posts
    6

    Default International Child Support Agreements

    My question involves child support in the State of: California

    I am an Australian mother of a 13yo girl from Sydney Australia. Her father and I were never married as we broke up soon after I fell pregnant to him. In Australia he used to pay some support without any CS agreements, even while he was unemployed (he has been unemployed for the most part of her life). He suddenly disappeared about 2 years ago and I heard through some of his friends that he now lives somewhere in San Diego California and was employed there for atleast 1 of the 2 years he has been there. I heard he is married to someone there and may again be unemployed at the moment.
    I wanted to find out the following and would appreciate any help you can give.
    1. How long may it take if I was to go through the CSA agency here in Australia and gave them his details, and they track him down there (im thinking he would have payed taxes there if he was employed for a short period even) for them to track him down and get him to pay me what she is due from him in terms of child support.
    2. What would be the process that would be undertaken? If he is currently unemployed, would we be able to get any back pay as such out of him for the time that he was employed or has he got away with it?
    3. How complicated can this be and would it cost me to get legal process undertaken or would the CS over in Australia deal with CS over in America and get him to pay whats due to his daughter?

    I would really appreciate any advise as I want to get to this soon.

    Thank you.

  2. #2
    Join Date
    Feb 2010
    Posts
    6

    Default Re: International Cs Agreements with Cs

    Maybe I should find out this first, because the rest is upto me really...
    How many days after a CS in California is contacted (say requested) by CS in Australia (or by myself through an Attorney?) would we be able to get child support from him?
    If he is currently unemployed in the US, but has worked for about a year, can back-pay be achieved for payments he did not make during the time he had income or does the payment he make depend on his current employment status, and if he is unemployed, we will beonly entitled for minimum from now on and no back payment for the 1 year he worked.
    Thanks again.

  3. #3
    Join Date
    Jan 2009
    Location
    California
    Posts
    397

    Default Re: International Cs Agreements with Cs

    I'm not totally sure about this but this is my thinking: what I would do is give the child support agency as much info that you have on him. Maybe you can try to google him. Either way, I'd give it to your agency and have them track you down.
    They could possibly garnish his unemployment checks (if he filed for unemployment here). He may owe arrears...
    I would talk with the agency about everything. International messes always takes a long time. I wouldn't count on his CS payments any time soon.
    I also dont' know how much info you will get from here... these people here typically deal with American family law problems... not international.
    My advice: talk to the agency, go from there... are there any free legal help or low cost legal help available there?
    Good luck!

  4. #4
    Join Date
    Feb 2010
    Posts
    6

    Default Re: International Cs Agreements with Cs

    Quote Quoting mrshiggins
    View Post
    I'm not totally sure about this but this is my thinking: what I would do is give the child support agency as much info that you have on him. Maybe you can try to google him. Either way, I'd give it to your agency and have them track you down.
    They could possibly garnish his unemployment checks (if he filed for unemployment here). He may owe arrears...
    I would talk with the agency about everything. International messes always takes a long time. I wouldn't count on his CS payments any time soon.
    I also dont' know how much info you will get from here... these people here typically deal with American family law problems... not international.
    My advice: talk to the agency, go from there... are there any free legal help or low cost legal help available there?
    Good luck!
    Thanks for the information. I appreciate it very much.
    I know there is a high chance he may not be entitled for unemployment in the US or he just started getting it, because he will not be a citizen of the US as yet. He may have got a Greencard recently.
    Do you know how it works if it happened that this man was a US citizen and was not from anywhere else and I was US as well. How would the CS over there approach the whole 'back pay' situation?
    If someone in the US was employed for a certain time during which they did not pay child support and then were unemployed, would CS be able to retrieve the backpay from him, even though he is unemployed currently?

  5. #5
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: International Cs Agreements with Cs

    Quote Quoting seb1272
    View Post
    Thanks for the information. I appreciate it very much.
    I know there is a high chance he may not be entitled for unemployment in the US or he just started getting it, because he will not be a citizen of the US as yet. He may have got a Greencard recently.
    Do you know how it works if it happened that this man was a US citizen and was not from anywhere else and I was US as well. How would the CS over there approach the whole 'back pay' situation?
    If someone in the US was employed for a certain time during which they did not pay child support and then were unemployed, would CS be able to retrieve the backpay from him, even though he is unemployed currently?

    His citizenship status is not important in these cases. The US is generally fairly good about enforcing foreign support orders.

  6. #6
    Join Date
    Feb 2010
    Posts
    6

    Default Re: International Cs Agreements with Cs

    Quote Quoting Dogmatique
    View Post
    His citizenship status is not important in these cases. The US is generally fairly good about enforcing foreign support orders.
    Thats great news. Do you know how long this may take from the day they get the information and verify to requesting and getting any back payment? Is backpayment still possible or is it about his current circumstances?

  7. #7
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: International Cs Agreements with Cs

    Quote Quoting seb1272
    View Post
    Thats great news. Do you know how long this may take from the day they get the information and verify to requesting and getting any back payment? Is backpayment still possible or is it about his current circumstances?

    Here's the problem - not only can it take a while (I've known cases to take - literally - a couple of years, but that's NOT typical) but also there's no guarantee that you'll get anything...the sad truth is that if someone is truly determined to get out of paying child support, they'll find ways to do so. If he's unemployed but not receiving unemployment benefits you may find yourself fighting a losing battle.

    With regards to back pay, it also gets a little trickier - because you may need to obtain a separate judgment in addition to an order for current support.

    Ideally you should speak first with the child support people locally and see what they say.

  8. #8
    Join Date
    Feb 2010
    Posts
    6

    Default Re: International Cs Agreements with Cs

    Quote Quoting Dogmatique
    View Post
    Here's the problem - not only can it take a while (I've known cases to take - literally - a couple of years, but that's NOT typical) but also there's no guarantee that you'll get anything...the sad truth is that if someone is truly determined to get out of paying child support, they'll find ways to do so. If he's unemployed but not receiving unemployment benefits you may find yourself fighting a losing battle.

    With regards to back pay, it also gets a little trickier - because you may need to obtain a separate judgment in addition to an order for current support.

    Ideally you should speak first with the child support people locally and see what they say.
    mmm..it's very unfair isn't it to know that the can get out 'if the are truly determined to'...what methods may he be using? here is what I know.
    1. He had an income in 2008/2009 in the US from a proper company, so he would have payed taxes (state?federal?..similar to Australia)
    2. He is currently unemployed.
    Based on this, if this whole episode happened with an American living in the US, how hard would it be for an American child to get back-pay out of him, considering he is unemployed now, but there would be tax records.
    SO what you are saying is to get a court order would be hard considering he is currently unemployed now? that doesnt make sense right?

  9. #9
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: International Cs Agreements with Cs

    Quote Quoting seb1272
    View Post
    mmm..it's very unfair isn't it to know that the can get out 'if the are truly determined to'...what methods may he be using? here is what I know.

    It IS unfair yes, but unfortunately it's not exactly uncommon

    1. He had an income in 2008/2009 in the US from a proper company, so he would have payed taxes (state?federal?..similar to Australia)

    Correct. But any tax refund for those years will have been spent already - so no go there.

    2. He is currently unemployed.
    Based on this, if this whole episode happened with an American living in the US, how hard would it be for an American child to get back-pay out of him, considering he is unemployed now, but there would be tax records.
    SO what you are saying is to get a court order would be hard considering he is currently unemployed now? that doesnt make sense right?

    OK, as a hypothetical?

    Mom (you) would file to first get support established in court - in the US, until this is done Dad doesn't have a legal obligation to pay a single cent.

    One of two things would commonly happen if Dad is unemployed - a) he could be "imputed" an income based upon either his past earning capacity, or the minimum wage in his State, and be ordered to pay based upon that, or b) he could (and this assumes dad's unemployment is involuntary and that he has been diligently looking for work in the meantime) be ordered to pay a minimal amount until he finds work. Less common is the possibility that he would be ordered to pay $0 while he's unemployed.

    In the US, support is usually retroactive only to the date the custodial parent (or the State) actually files for support; thus, it's important that the custodial parent to file as soon as the parents separate because it's very rare that child support is ordered back to (for example) the child's birth.

    So, assuming we now have an order for support, if Dad doesn't pay the arrears start to build. Eventually he can have his wages garnished (and bank account, tax refund intercepted, etc., etc); he can lose his driver's license and eventually, in some cases, be jailed.

    Does this help you understand the US system a bit better? Keep asking questions if you wish

  10. #10
    Join Date
    Feb 2010
    Posts
    6

    Default Re: International Cs Agreements with Cs

    Quote Quoting Dogmatique
    View Post
    It IS unfair yes, but unfortunately it's not exactly uncommon

    Does this help you understand the US system a bit better? Keep asking questions if you wish
    Hi and thanks so much for assisting me understand your system
    As a follow-up, would you happen to know how 'long' it takes for this whole process to happen in the US typically if these circumstances were for a US based situation. How long would it be after CS verifies my circumstances before a court order taking place say in San Diego California?
    I understand there may not be back payments, but do you think if I had been receiving payments through a CS order in Australia (which means he would have been technically had to pay for that period if he was employed in Australia), then do you think that legal order would have been recognised by the US authorities and based on that, he would have to pay for that period that he technically 'skipped' paying, and based on that would there be a back-payment, even though his taxes have been paid? I know in Australia it would accumulate if he did not pay for a certain period and there would be interest for that accumulation and if he was employed and did not pay, then it would still accumulate and when ever there would be monies in the bank account, it would be taken away from him and definitely would be from his tax returns.

    1. Sponsored Links
       

Page 1 of 2 1 2 LastLast

Similar Threads

  1. International Child Support
    By yiwe in forum Child Custody, Support and Visitation
    Replies: 6
    Last Post: 01-17-2010, 03:16 PM
  2. NCP Made Verbal Agreements on Child Support Broken by Custodial Parent
    By Iamvieve in forum Child Custody, Support and Visitation
    Replies: 2
    Last Post: 09-23-2009, 07:16 AM
  3. Retirement Benefits: Social Security International Agreements
    By olddog1 in forum Social Security Law
    Replies: 1
    Last Post: 03-05-2007, 08:32 PM
  4. International/Interstate Child Custody and Support
    By fayefaye in forum Child Custody, Support and Visitation
    Replies: 8
    Last Post: 01-10-2007, 06:15 AM
  5. International enforcement of back child support
    By gmac84 in forum Child Custody, Support and Visitation
    Replies: 3
    Last Post: 08-01-2006, 05:06 PM
 
 
Sponsored Links

Legal Help, Information and Resources