Legal Question in Family Law in New Jersey

Child support case from parent in another country

I came to USA with my wife and son from India on H1b visa.We had marital problems and due to which we got separated.She went back to India and filed dowry case against me.The case in India is still going on as of now. As per her lawyer guidance,they came to know that if they fight case against me in USA,they would get more money. So she came back to USA and filed child support and spouse support case against me. By that time I went back to India forever to fight the case that she filed against me.I resigning my job and everything from USA.So I do not have a valid H1B status anymore. Even my wife as she was on dependant visa,her status is also invalid now.But still how can you stay in USA when I have return back to India and fight the case in USA court against me.US court has order me to pay $550/week to her. Now that I have no connection with USA.Whether the recovery of child alumni can be send to India?How long my wife & child can live in USA as they are staying illegally in USA?Is there any way that I can show (or file the case) being in India, that she is staying illegally in USA and she

cannot fight case in India and USA together.


Asked on 12/07/05, 4:29 pm

2 Answers from Attorneys

Prabhat Shroff Shroff & Company

Re: Child support case from parent in another country

The facts as stated by you are not very clear. Firstly, has any divorc petiton been filed, if so, what is the result.

Secondly, what is the status of the dowry case.

Thirdly, is it true that you have come back to India while your wife and child are still in US?

However, based on the facts stated by you, and my understanding of such facts, your wife, in order to execute the US Order of child support of $550 per week, will have to apply to the local court in India for execution of such order, without which, the order can not be executed in India.

The question as to how long she can stay in USA, will depend on the US authorities cathing up with her, which may be a long time. You must be aware that aliens have been unauthorisedly staying in US, after expiry of their status, indefinitely.

On the last leg of your query, you cannot file any such case in India to restrict her right to proceed against you either in India or USA. However, if you have not yet filed a divorce proceeding, you should do so immediately, and also claim child custody therein. This would extinguish all her right, as a wife, against you, and the only right she may have would be for alimony/maintenance (as per Indian standards)

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Answered on 12/08/05, 12:27 am
www.lawconcern.com S.Seshadri www.lawconcern.com

Re: Child support case from parent in another country

You can definitely avoid payment of child support of usd 550 and wife support by a clever legal process in India, without the legal process the disobedience to US courts' order may result in permanent disability upon you on your future visits to US.

As regards your wifes' dowry case in India gainst you was it criminal complaint or court petition case? Please clarify that, wo that we can advice you better.

If you send all details by email (and Rs 15000/- by money transfer to our ICICI Bank Account topward complete professional opinion fees) such as date and place of marriage/ Whether marriage was as per hindu rites and subsequently registered etc and how much your wife carried with herself to the matrimonial home in terms of jewels/ cash/ other articles we will be able to advice you comprehensively.

We are specialists in divorce law with all india network of lawyers and it is sometimes possible that out of court settlement / or mutual consent divorce can happen without going to courts.

So further help to you can be on the basis of information requested above being given.

regards

Yours faithfully,

S.Seshadri

Advocate

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Answered on 12/08/05, 4:42 am


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