Legal Question in Family Law in California
living outside the United State and having child support obligation
In the event that one who resides in the United States and is presently paying child support and this individual find that he has to leave the U.S. to reside elsewhere because of marital obligation etc., how obligated is that individual to pay the same amount of child support awarded by the courts to the parent with custody of their adopted child and is the country in which this individual resides obligated to pressure the individual to pay child support even when the salary is much less than that which the individual makes in the U.S.?
2 Answers from Attorneys
Re: living outside the United State and having child support obligation
If there is a change in circumstances, return to court for a modification of the origional order. Otherwise, the obligation continues.
Re: living outside the United State and having child support obligation
To answer the first part of the question, the child support order continues unless an application for downward modification is granted by the Family or Supreme Court.
The second part of your question is complicated.
I had a case where a child support order was granted in New York to my client, the Wife. The Husband fled to Israel to avoid obligations. A warrant for his arrest was granted in New York, and a judgment for the outstanding arrears (in the tens of thousands) was granted.
Since the husband was in Israel I could not enforce the warrant and judgment. It seems that there was no established treaty that would allow me to execute on a warrant for nonpayment of child support (a shame). However, I may be able to help my client should the husband return to the US.
So to answer your question, each country is different. I suggest that if support is being paid through the support collection unit, that you speak to the individual in charge of collecting the husband's child support.
Mike.