Checklist
This list is directed mainly to those
living within the U.S.A. However, the basic principles apply for all international
cases. We're available to help if you have questions.
U.S. residents should
also read the State
Department's guidelines titled Child Support Enforcement
Abroad. Keep in mind that it is possible for individual states to have
agreements with other countries even if the federal government does not.
**This
list is a general guideline. It may not be suitable for every case. If
you are in doubt, please contact legal counsel in the other country before
opening your case.**
Before
filing:
- Be sure
to have as much information about the non custodial parent as
possible. Such items can be: documents such as drivers license, passport,
social
security number (if they legally worked in the USA), names and
addresses of relatives (here and abroad), last known address, last employer
and address, current employer and address, and anything else that might
be of assistance
to locate them.
- Call
your Senators and Representatives, both federal and state,
and make them aware of your
situation. Call
the Embassy of the country where the non custodial parent is a citizen
and ask information about the serving of child support orders in their
country.
Keep in mind that child support agreements with other countries are
on a state to state
basis. There is no "Federal" agreement in effect. (see
CHILD SUPPORT ENFORCEMENT ABROAD)
- Find out
the name, phone, and address of the office in the other country that is
in charge of handling the child support cases. Sometimes there is a special
unit just for international cases. Contact them and get acquainted. They
will be another key to the success of your filing. Gather as much information
from them as possible so that you will know what they are going to require
to process your case. Be certain to share this information when you file
your case
and also in the hearing itself.
- Also ask
about establishing paternity in the other country. In some countries, this
is a lengthy process if the father refuses to acknowledge
the child.
- Do a search
for attorneys in the other country just in case you might need one. Contact
them and get acquainted with them.
When
filing:
*It is CRUCIAL to your case that the initial filing/serving of documents is done in the
correct manner.*
- Obtain the
name of the supervisor in charge for "out-of-state" filings in
your court. Make them your contact person.
- File for
child support in your area being careful to have the documents served to
the non
custodial parent in their native language and English.
- If the non
custodial parent is a citizen of one country but living in another, have
the order also translated into the language of their resident country as
well.
- Be absolutely
CERTAIN that the person filing your case understands that yours is NOT
the same as an interstate case within the USA. Ask to speak with the supervisor
if
they seem not to understand the procedures.
- Be sure
that when you appear for your hearing, the hearing officer also understands
this
matter. If the non custodial parent is a "no-show," this might be the
time for the hearing officer to issue a warrant for their arrest, even if they
are not in the USA at the time.
- Bring copies
of ALL information and documents you have, including the child's birth
certificate.
After
filing:
- Keep in contact with
the supervisor of the department.
- Follow through with the
foreign division to be sure they have entered your order in the proper
way.
- If, after an appropriate
amount of time and resources, you still have no results, it might be time
to think about getting a private agency
involved.
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