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  • Establishment of paternity for foreign father

    Hello all

    I have a question regarding establishment of paternity and child support payment for a child conceived in California to an American mother and a foreign father who was a tourist at the time. Aside from the obvious moral obligations, do the federal American laws regarding establishment of paternity or the payment of child support apply to or have any jurisdiction over an individual living outside the country?

    Cheers

  • #2
    Re: Establishment of paternity for foreign father

    I wish to inform you that father can be held liable for child support once when paternity has been established. In this regard applicability of US laws or court order will depend upon the laws of the country where father resides. In this regard a US Court will pronounce child support after paternity has been established and then the order will be required to be enforced in home country of father in order to force father to pay child support. If home country laws allow enforcement of foreign judgment of child support then US Court order will be enforced. In USA there is no distinction for payment of child support based upon nationality. Lastly if you reside in New Zealand then US Court child support order can be enforced in New Zealand.

    AFF

    Comment


    • #3
      Re: Establishment of paternity for foreign father

      Originally posted by Skw23 View Post
      Hello all

      I have a question regarding establishment of paternity and child support payment for a child conceived in California to an American mother and a foreign father who was a tourist at the time. Aside from the obvious moral obligations, do the federal American laws regarding establishment of paternity or the payment of child support apply to or have any jurisdiction over an individual living outside the country?

      Cheers
      A US court does not have jurisdicton over someone living outside the country. A state judge's powers stop at the state line -- with the exception of cases in which long arm jurisdiction may be asserted. Paternity is not one, even if the father were in the U.S. Needless to say,a US state court's summons has no power overseas.

      The father would have to be served with process in California in order for a California court to have jurisdiction over him. The practical end is that if he does not acknowledge paternity, DNA testing would be ordered. And that requires the father's presence as well as the child's.

      Child support laws are not federal, but each state makes and applies its own.

      If the mother and child are currently in New Zealand,then the same applies. The father would have to be in New Zealand in order to be served with process there and paternity and support ordered.

      Comment


      • #4
        Originally posted by Friend In Court View Post
        A US court does not have jurisdicton over someone living outside the country. A state judge's powers stop at the state line -- with the exception of cases in which long arm jurisdiction may be asserted. Paternity is not one, even if the father were in the U.S. Needless to say,a US state court's summons has no power overseas.

        The father would have to be served with process in California in order for a California court to have jurisdiction over him. The practical end is that if he does not acknowledge paternity, DNA testing would be ordered. And that requires the father's presence as well as the child's.

        Child support laws are not federal, but each state makes and applies its own.

        If the mother and child are currently in New Zealand,then the same applies. The father would have to be in New Zealand in order to be served with process there and paternity and support ordered.
        Thanks for your help

        Comment

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