Legal Question in Family Law in California
International law re: child support enforcement
URESA ( United Reciprocal Enforcement of Support Act)is a treaty that is signed by the United States and Ireland with the intention of enforcement court ordered child support on a reciprocal basis. QUESTION: If a U.S. Dad flees the U.S. to avoid state prosecution for failure to pay court ordered child support, is there any known instance when URESA or any other reciprocal law/treaty has been effective in enforcing state court orders for child support after the Dad has been apprehended in a foreign country ( Ireland ) and is to be brought before the Irish Court which, pursuant to URESA, would theoretically enforce U.S. state court orders? Could the holding of a U.S. case apply when a Dad decided "mid-flight" to become a priest/monk rather than support his family? In your opinion, is it important for the "abused" family to be physically preent in the foreign court at the time of the final hearing?
1 Answer from Attorneys
Re: International law
It never hurts to be present, if you can afford it. The URESA action, however, is only to collect the support. Does he have funds and/or a job there? You should also consider filing a complaint with the FBI. Under the recent changes to federal law, it is a felony to flee a state to avoid child support enforcement. Maybe they'd seek extradition.
As far as modification of support, that must occur in the original jurisdiction, which I assume is California. California law would apply. Under California law, a payor cannot avoid his support obligations by becoming a monk. There is one case where that happened, In re Marriage of Meeghan, but that was overruled by In re Marriage of Ilas and In re Marriage of Padilla.
Complicated issues. Good luck.
Matthew Kremer
Law Offices of Matthew M. Kremer
9665 Chesapeake Drive, Suite 310
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