Legal Question in Family Law in Mexico

alimony

does court ordered alimony in tennessee follow an individual across state lines? if there are states that do not recognize tenn. alimony laws, will you please advise as to who they are? finally, does mexico recognize tenn. court ordered alimony?


Asked on 12/22/00, 12:30 pm

3 Answers from Attorneys

Jes Beard Jes Beard, Attorney at Law

Re: alimony

I am only licensed in TN, but under the United States Constitution's Full Faith and Credit Clause, all states would be required to recognize and enforce any court order for alimony from any Tennessee Court.

Read more
Answered on 12/27/00, 9:14 am
Romelio Hernandez HMH Legal

Re: alimony

Although I am not a family law expert, I'll try to help. Almost any foreign judgment including an alimony can be enforced in Mexico. However, proceedings for that judgment do have to meet certain service of process formalities required in Mexico's system for recognition in the country. From what I've heard, none of the States meet or follow such harsh requirements or formalities as in Mexico. What I would advise is to nevertheless, try and enforce the judgment. Judges from family law courts tend to give way to more human causes than to strict rule of law following and maybe, you could get lucky and get no answer to your enforcement here in Mexico (which will nevertheless be another case or complaint). If that fails, you can go with State Civil Law which provides alimony judgments or the obligation of a father to provide assistance to his child according to his wages. If you have any questions, please do not hesitate to call.

Read more
Answered on 6/14/01, 8:11 pm
Romelio Hernandez HMH Legal

Re: alimony

I forgot that there is an Inter-American Convention on Food Providence (obligaciones alimentarias) by the Organization of American States, which would very much help your case. It provides a lot of issues including governing law, jurisdiction (venue) and international judicial assistance. I am pretty sure that the United States is part to the Convention (Mexico is) but nevertheless, you should ask your attorney in the States. There is also a similar Convention from the United Nations but dates back to 1956 (The Inter-American Convention was enacted recently 1989, signed by Mexico in 1994). In any event, you should have no problem making someone pay his parental obligations in Mexico.

Read more
Answered on 6/14/01, 8:59 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Mexico