Legal Question in Family Law in California

Can she come back to the U.S and fight for child support ?

My sister-in-law got married in India and came to the U.S with her husband in 1989. Few months after their stay in the U.S, there started a twist in their relationship. Her husband was whimsical and eccentric and used to be indifferent towards her. After the birth of their child in 1990, her life become more miserable and it was no longer safe to stay with him. She somehow, with the help of her friend managed to fly back to India with her child in Oct 1990, without notifying her husband. She filed for a divorce in 1993 which was granted to her in 1995. The court ordered her ex-husband to pay a permanent maintenance of $300 per month to her and $200 per month to the minor son or equivalent amount in Indian currency from the date of filling of divorce petition. Her ex-husband has since then not contributed a single penny towards child support or spouse support, saying that he does not recognize the Indian court order. Her husband is still living in the U.S. Questions:- 1. If my sister-in-law wants to visits the U.S again, can her ex-husband create any legal problems for her? 2. Is the court order valid in the U.S. If yes, then is there anyway she can claim child support after coming to the U.S ?.


Asked on 4/08/98, 1:34 pm

1 Answer from Attorneys
Ken Koury Kenneth P. Koury, Esq.

Hard to tell with dumb CA judges

It is hard to say what might happen. California has some of the poorest quality judges in the nation and they love to slam out of state parties. I would suggest that before she actually visits she should file the Indian judgment in California and ask the court here to enforce it to get the money owed under it.

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Answered on 4/20/98, 11:22 pm


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