Legal Question in International Law in China

International Child Support - China

I am a US citizen with residency in China. I have fathered a daughter whose mother is a Chinese national. We were not married. The child has a China ID card and a U.S. passport. When I signed the passport application and documents, I agreed to ''support the child until she reached the age of 18''. My job has ended in China and I planned to return to the U.S soon. I attempted to work out a child support agreement with the childs mother to no avail. She has retained Chinese attorneys and they plan to take this matter to the China courts. Afraid that I would be detained in China or made to post some type of bond once this is filed, I left the country. My question, am I bound by the decision of the Chinese court? If not, I still want to provide support for this child, how should determine an appropiate amount? I am not trying to avoid paying support; the mother's demands are unreasonable in my opinion.


Asked on 8/09/07, 9:16 am

1 Answer from Attorneys
Johm Smith tom's

Re: International Child Support - China

If you don't return to China, then the next step would be to determine whether China has a treaty with the US regarding this, and I'm guessing it doesn't. You have a moral obligation to support your child; so I'd try to work out a way to make sure you're money helps the child, such as paying for a good school and clothing. I'm sure you could get someone in China to act as your agent and monitor how your money is spent. An attorney could probably handle this for you. I'd suggest an irrevocable trust here in the US with a trustee who will use the funds to help your child. We could set this up with you and then help find an attorney in China who will act as your agent there.

David Nance

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Answered on 8/09/07, 10:31 am


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