Legal Question in Family Law in New York

Child Support, Not a resident of US

I am a Canadian Citizen, living in the US as a permanent resident. My wife is an American citizen, my children live with her. She keeps suing me for increased child support, it seems like it will never end. I have several questions;

1) As a Canadian citizen, but a permanent resident of the US, does the County Family Court in New York State have jurisdiction over me?

2) If I gave up my permanent resident status here and moved back to Canada, would the NY Court have any jurisdiction over me, even if I came back here to conduct business?

3) Are there any reciprocal agreements between Canada and the US regarding Child Support?

4) If my Company, was a Canadian Company, would the NY Court have any right to subpoena the company financial records?

Thank you for your consideration. I look forward to your reply.


Asked on 1/29/07, 1:14 pm

1 Answer from Attorneys

Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: Child Support, Not a resident of US

1) Yes.

2) If you did not submit yourself to NY's jurisdiction, you might not be subject to NY jurisdiction.

3) Yes. There are reciprocity "agreements" between the US, NY & Canada re child support and enforcement.

4) The Canadian Court (cooperating w/ NY's request) would have jurisdiction) to obtain whatever info may be necessary to enforce a NY Court Child Support Court Order.

Good luck,

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Answered on 1/30/07, 6:28 pm


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