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Child Support - Mexican mother asking for support from father in USA

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  • #16
    Re: Child Support - Mexican mother asking for support from father in USA

    Gee, since you do all the work we can disregard Federal law, the Hague Convention and shut down the Int'l Office of Child Support.

    Originally posted by SupportAttyGuy View Post
    Absolutely wrong. Mexico is not the only place Mom can get an order. You're misapplying the definition of state, for starters. When we get judgments from other countries, we use the UIFSA principles to enforce. Matter of fact, the practice now within Title IV-D agencies, where all this is applied, is now to call the units Intergovernmental as opposed to Interstate.

    I'll say it again. A mother who lives in Mexico can go to her local child support agency, which is often the Mexican consulate by the way, and request they open a case to petition the U.S. jurisdiction where the father lives. Wherever father lives can obtain a judgment against Dad for that child in Mexico. This is exactly what I do for a living. I work intergovernmental cases.

    If you want to be more confused than you already are, if the mother somehow obtained a Mexican judgment against Dad, then it could be subject to collateral attack if the mother has her local agency request the order be registered for enforcement in the U.S. Dad could maintain the Mexican court had no jurisdiction, for example. However, notwithstanding treaties EACH state may or may not have with individual foreign countries, the judgment could still be enforced by the court under principles of comity if it otherwise met our criteria for an order.
    Due to a recent promotion, I should now be referred to as Major Obvious.

    I would not be trying to provide information and knowledge if I did not sympathize.

    Some days it is just not worth chewing through the restraints to face life.

    Comment


    • #17
      Re: Child Support - Mexican mother asking for support from father in USA

      Originally posted by Disagreeable View Post
      Gee, since you do all the work we can disregard Federal law, the Hague Convention and shut down the Int'l Office of Child Support.
      Do yourself a favor Contact any local child support agency in the United States and ask them.

      Comment


      • #18
        Re: Child Support - Mexican mother asking for support from father in USA

        I posted here one time. I KNOW for a fact that a mexican mom living in mexico can get child support from a father living in the USA. She lives in Mexicali which is border of California were he works. The only requirement given was that if she filed here in the states, she would have to be present for the hearing. With that in mind, the only thing that was done was that she signed a DURABLE POWER OF ATTORNEY giving me the right to represent her. She is now receiving child support.

        Comment


        • #19
          Re: Child Support - Mexican mother asking for support from father in USA

          That is the issue. SHE MUST COME HERE AND FILE. SHE MUST BE PRESENT FOR THE HEARING. Our other poster said she can have her relative contact a local office and they will just automatically file and she can pursue it from Mexico, including a paternity test if it is disputed. In fact, CA is one of the most friendly of the 50 states to recognize such an action by a foreign parent.

          Originally posted by Gutcher
          I posted here one time. I KNOW for a fact that a mexican mom living in mexico can get child support from a father living in the USA. She lives in Mexicali which is border of California were he works. The only requirement given was that if she filed here in the states, she would have to be present for the hearing. With that in mind, the only thing that was done was that she signed a DURABLE POWER OF ATTORNEY giving me the right to represent her. She is now receiving child support.
          Due to a recent promotion, I should now be referred to as Major Obvious.

          I would not be trying to provide information and knowledge if I did not sympathize.

          Some days it is just not worth chewing through the restraints to face life.

          Comment


          • #20
            Re: Child Support - Mexican mother asking for support from father in USA

            Originally posted by Disagreeable
            That is the issue. SHE MUST COME HERE AND FILE. SHE MUST BE PRESENT FOR THE HEARING. Our other poster said she can have her relative contact a local office and they will just automatically file and she can pursue it from Mexico, including a paternity test if it is disputed. In fact, CA is one of the most friendly of the 50 states to recognize such an action by a foreign parent.
            Absolutely not. She DOES NOT have to be present in the U.S. You ARE WRONG.. For the third, fourth or fifth time, the mother can obtain a judgment against a father in the U.S. through the Mexican child support office.

            Comment


            • #21
              Re: Child Support - Mexican mother asking for support from father in USA

              Originally posted by DArieD View Post
              What about Sweden?

              If you're asking if a mother in Sweden can obtain an order here in the U.S. the answer is yes.

              Comment


              • #22
                Re: Child Support - Mexican mother asking for support from father in USA

                Only by coming here for court. Sweden is not party to the Hague Convention.

                Originally posted by SupportAttyGuy View Post
                If you're asking if a mother in Sweden can obtain an order here in the U.S. the answer is yes.
                Due to a recent promotion, I should now be referred to as Major Obvious.

                I would not be trying to provide information and knowledge if I did not sympathize.

                Some days it is just not worth chewing through the restraints to face life.

                Comment


                • #23
                  Re: Child Support - Mexican mother asking for support from father in USA

                  Originally posted by Disagreeable View Post
                  Only by coming here for court. Sweden is not party to the Hague Convention.
                  Nope. Wrong.

                  You know, either you're not a lawyer or you don't regularly practice this law, because you haven't been correct once yet here.

                  Comment


                  • #24
                    Re: Child Support - Mexican mother asking for support from father in USA

                    Originally posted by SupportAttyGuy View Post
                    If you're asking if a mother in Sweden can obtain an order here in the U.S. the answer is yes.
                    Sweden is a member of the EU and therefore can apply for support through the Hague Convention.

                    The procedure is for the Swedish national to apply to the Central Authority of the Hague Convention in Sweden for aid in preparing the application for its submission;

                    This is the contact information.

                    Länsstyrelsen i Stockholms län
                    (County Administrative Board of Stockholm) Centralmyndigheten för internationell delgivning
                    (The central authority for international service of documents)
                    Box 22067
                    SE-104 22 STOCKHOLM
                    Sweden

                    Comment


                    • #25
                      Re: Child Support - Mexican mother asking for support from father in USA

                      Originally posted by SupportAttyGuy View Post
                      If you're asking if a mother in Sweden can obtain an order here in the U.S. the answer is yes.
                      Not unless she goes through the Hague Convention. She cannot apply directly here in the US. The child is in Sweden and therefore no US court has jurisdiction over the child to order support.

                      Comment


                      • #26
                        Re: Child Support - Mexican mother asking for support from father in USA

                        Originally posted by Disagreeable View Post
                        Only by coming here for court. Sweden is not party to the Hague Convention.
                        Incorrect. Sweden is a member of the EU and therefore a signatory to the Hague Convention.

                        Comment


                        • #27
                          Re: Child Support - Mexican mother asking for support from father in USA

                          Originally posted by SupportAttyGuy View Post
                          No, I'm "presenting the entire reality" if the mother chooses to contact her local agency. If she wants an order against the American father having her sister contact an attorney is not necessary. The Mexican agency petitions the U.S. agency, and the scenario follows as I detailed. This is exactly what I do for a living for a rather large county.
                          In what state are you admitted to practice law?

                          Comment


                          • #28
                            Re: Child Support - Mexican mother asking for support from father in USA

                            Originally posted by DArieD View Post
                            What about Sweden?
                            Sweden is signatory to the Hague Convention in which countries cooperate for collection of child support when parents are living in different countries.

                            The process is to begin application through the Central Authority for the Hague Convention. The contact information I have posted in this thread.

                            Comment


                            • #29
                              Re: Child Support - Mexican mother asking for support from father in USA

                              Originally posted by Friend In Court View Post
                              Not unless she goes through the Hague Convention. She cannot apply directly here in the US. The child is in Sweden and therefore no US court has jurisdiction over the child to order support.

                              And I didn't say directly. She can go to the Swedish agency that handles child support and they will petition the appropriate U.S. agency.

                              Comment


                              • #30
                                Re: Child Support - Mexican mother asking for support from father in USA

                                Originally posted by Friend In Court View Post
                                In what state are you admitted to practice law?
                                In order to preserve web anonymity, I'll just say I've been admitted to practice and have been doing so since 1999.

                                Comment

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