Child support is a predetermined sum of money paid, typically monthly, to the spouse who has primary custody of the child or children. The amount of child support is set by the custody agreement and is required by law.
Child support is intended to be used only for the benefit of the child or children. It usually covers the basic necessities, including:
- Food, housing, and clothing;
- Health insurance and medical care; and
- Educational expenses.
Child support is not intended to be used for the benefit of either of the parents. Instead, payments are intended to benefit the child or children.
In addition, child support is intended to be used for basic necessities, not for luxury items which are not necessary for the upbringing of the child or children. Child support calculations may be complex because numerous factors related to the child are considered.
Any child support determinations are made using the child’s best interest standard, which involves standards that may vary from state to state.
Whose Obligation is it to Pay Child Support?
The payment of child support may be required of any parent, even a parent in a same-sex relationship, regardless of whether the individuals are married. If a dispute arises regarding the identity of the child’s father, a paternity test may be required or ordered.
A step-parent will not be legally required to pay child support unless that step-parent has legally adopted the child or children. In many situations, one parent will have custody of the child for the majority of the time.
The parent who has the child most of the time is referred to as the custodial parent. The other parent is referred to as the non-custodial parent and is the parent who will be required to pay child support.
This is due to the fact that the custodial parent will usually have more responsibilities related to raising the child than the non-custodial parent and, therefore, will also incur more expenses associated with raising the child. However, every case is different, and a court will assign child support responsibilities in the way which best benefits the child and their needs.
Can I Enforce My Child Support Agreement Outside the United States?
Yes, it is possible to enforce a child support agreement outside of the United States, depending on the country in which the other parent resides. First, an individual is required to have a valid child support order which was issued by a United States court.
Process/Risks: The federal Department of Health and Human Services has an Office of Child Support Enforcement (OCSE).But first, if a parent does not have an existing child support order that is respected by the other parent of their child, they can sign up for child support through any local, state, or tribal child support office.
If you have applied to a local, state or tribal office for services with an attorney, your attorney can work with the child support office. For best results, the attorney and the office staff should work together so as not to duplicate efforts and obtain conflicting enforcement decisions.
Eligibility: A parent does not have to be a resident or citizen of the United States in order to apply for the assistance of the OCSE in enforcing a child support order in a foreign country.
In What Countries May I Enforce a Child Support Order?
There are numerous countries that have signed agreements with the United States government stating that they will cooperate with enforcing a child support order which was issued in the United States when the parent who owes support lives in the country, including:
- Albania;
- Australia;
- Austria;
- Belarus;
- Belgium;
- Bosnia and Herzegovina;
- Brazil;
- Bulgaria;
- Canada;
- Croatia;
- Cyprus;
- Ireland;
- Czech Republic;
- El Salvador;
- Estonia;
- Finland;
- France;
- Germany;
- Greece;
- Honduras;
- Hungary;
- Ireland;
- Israel;
- Italy;
- Latvia;
- Lithuania;
- Luxembourg;
- Malta;
- Montenegro;
- Netherlands;
- Nicaragua;
- Norway;
- Poland;
- Portugal;
- Romania;
- Slovak Republic;
- Slovenia;
- Spain;
- Sweden;
- Switzerland;
- Turkey;
- Ukraine; and
- The United Kingdom.
Process/Steps: These international child support agreements specify the procedures that should be followed to enforce child support orders in foreign countries. If the other parent of an individual’s child resides in one of the countries listed, the first step in trying to collect child support is to contact and work with the non-paying parent’s state child support agency, i.e. the agency in the state in which the court that ordered the payment of child support is located.
These agencies typically have the resources to contract the correct offices abroad to enforce the child support agreement.
Evidence/Documents: While the child support office will not share your contact information with the other parent or party, your address and other personal information may appear on court documents or other legal documents. If you have concerns about your contact information being on these documents, you should talk with your child support caseworker about how that information can be protected before opening a case.
The evidence a person needs to provide to the child support office is as follows:
- The birth certificate of the child
- The child support order, divorce decree, or separation agreement if you have one
- Records of any child support payments that have been made
- Information about your income and assets
- Information about your expenses, e.g. your child’s health care, day care, or special needs and education.
Timelines: Of course, how long it would take to obtain enforcement of a child support order in a foreign country is going to depend on many factors. It would depend, in part, on the response of the parent whose compliance is sought and whether they challenge enforcement efforts or accept their responsibility to pay child support. If they challenge enforcement, it may take longer to resolve the case.
The stage at which the enforcement effort begins is another fact. If the paternity of the father who is not paying support has not yet been established, the case is going to take more time as the father’s paternity must be established. If the parent seeking enforcement has a valid court order and that the other parent is the parent of the child is an established fact, then the process might take less time.
A parent might expect enforcement in a foreign country to take from 6 to 18 months.
It is important to have representation by a family law attorney who is familiar with international
family law. They are likely to be familiar with strategies that make success more likely, e.g. how to best work with the government agencies involved.
Costs/Fees: It is difficult to say how much a foreign child support enforcement effort is going to cost. The services of the enforcing parent’s local or federal office in working to enforce the order should not cost anything, but in some states, the agency involved may charge a fee or fees for some services.
Again, no fee is charged by the United States, nor should a fee be charged by the foreign office that works on the enforcement, but there may be exceptions.
If a person retains a family law attorney in their state to get a court order, this, of course, would involve the cost of the attorney’s fee. Having the lawyer help with the foreign enforcement effort would also add to the cost.
Finally, as noted below, there may be situations in which a person has to hire a foreign attorney to get a child support order in a foreign country, or an investigator to find a parent in a foreign country whose whereabouts are not known. This would add to the overall cost.
What if the Child’s Other Parent Lives in a Country That is Not on That List?
State Variations: Even if the paying parent resides in a country which is not listed above, meaning that there is no federal agreement with that country, certain states have agreements with nearby countries, such as Mexico. It is important to consult with an attorney to determine if the state has established an agreement with a particular country.
If the parent seeking child support enforcement lives in a state that does not have its own agreement with the foreign nation involved, they have to get the assistance of a family law attorney in their state. Then, their attorney would most probably have to hire a lawyer in the foreign country to help with the enforcement effort in the court and government offices of the foreign country.
The Importance of Hiring a Lawyer: If no state or federal agreement exists between a state or the United States federal government with a certain foreign country, it may still be possible to collect child support from a spouse who lives in that country. However, it may well be more difficult.
As noted above, in these types of cases, an individual may have to go to court in the foreign country to get a child support order. This would entail hiring an experienced lawyer in that country who speaks the language and knows its laws and procedures regarding child support.
In addition, a person may want to have an American lawyer to work with the foreign lawyer and ensure that the foreign lawyer is working diligently and effectively to solve their problem.
This may also be difficult, because not all countries have child support laws. An individual may simply not be able to enforce a child support order if the other parent resides in a country that does not have child support laws.
What if I Suspect My Child’s Other Parent Left the United States, but I am Not Sure Exactly Where They Are?
In some cases, a parent moves to a different country to avoid a child support order. If the paying parent has left the United States, an individual can check with U.S. embassies in countries where the paying parent may have moved.
Those embassies will be able to inform the non-paying parent if the paying parent has registered with a United States embassy or consulate abroad. It is important to note, however, that detailed or confidential information is protected by privacy acts and will likely not be revealed.
A foreign embassy will likely not have the personnel to assist an individual in finding the missing parent. They may, however, be able to refer them to a local investigator. If the non-paying parent is a United States government employee, the United States has a wide variety of resources to help individuals enforce their child support agreements and locate the paying parent.
What if I Live Abroad and Need to Seek Child Support from the Other Parent Living in the United States?
If an individual’s child is a United States citizen and they are living abroad, they will need to contact the child support agency in the state where the other parent resides in order to begin the process for obtaining child support. It is important to note that child support laws vary by state, so an individual must contact the correct state office.
If I Owe Child Support, Will I be Able to Leave The Country?
Because some parents who are required to pay child support will leave the country intentionally for the purpose of avoiding making child support payments, the United States restricts passports for individuals who owe past-due child support.
Any parent who owes over $2,500 in child support obligations will have their passport application denied. In addition, any existing passports may be revoked. There are similar passport restrictions in other countries.
If an individual’s passport is revoked or their passport application is denied as a result of their past-due child support, the only way to resolve the issue is to pay the full amount of child support which is due.
Do I Need a Family Attorney for Help with Child Support Issues?
It is essential to have the assistance of a child support attorney for any issues, questions, or concerns you may have related to child support and child support enforcement in another country. Enforcing child support orders may be a complex process.
Your lawyer will advise you of your state laws, guide you through the process of enforcing a child support agreement, and interact with government and foreign agencies. It is important to contact a lawyer as soon as possible if your child’s other parent resides in another country.
