Legal Question in Family Law in New York

Re: Child support for a child living abroad

This is a good question.

Since the defendant (the father) has a residence in New York, then you may apply for child support here (The court has in personam jurisdiction.). (Maintenance is another word for alimony, which may not be relevant to your question.)

The 'choice of law' section of your question is an interesting one. Because the marriage was in the state of Pennsylvania, you may ask for Pennsylvania law for your case. It will give you the same result as NY law. That would supply 17.5% of the father's income for child support.

Because the divorce was entered into in the UK, you may ask for UK law to be applied in an American court. It happens on a regular basis. In international contracts, it is standard to include a clause indicating the choice of law and, often, the forum as well.

Among the first questions before the court would be 'which law to apply: American (Pennsylvania) or UK?' The Hague agreements will provide some uniformity in the outcome regardless of which law is applied, but the exact dollar amount of support may vary.

Its not often I get a 'choice of law' issue in a Family Law case. This sounds like an interesting case and I would enjoy representing you. Please let me know if you are comfortable trusting me with this action.

Re: Child support for a child living abroad

If the father resides or is employed in NY; and if father is served in NY, per UK rules of Notice and Service of a UK Order or Jdgmt for child support, you may file or petition for enforcement in NY.

Or, You may directly file a child support Petition in NY Family Court, (either NY or Albany County); and correspond with the Court, by mail, fax, telephone and of course via your NY lawyer.

PA does not have current jurisidiction over your child, nor the child support issue. Since, neither you or your EX live or are employed there now, the child does not live there; and you were divorced in the UK.

Please be reminded that the Court may substanially reduce the child support ordinarily due per the percentages, due the child's distance from "her" home country and the attendant costs of father maintaining contact with child.

Thus, if father's income is not substanial, you

might want to reconsider and carefully review the costs and benefits of filing or enforcing a child support, in the states, when the child resides outside of the country.

Good luck,

Phroska L. McAlister,ESQ