Legal Question in Family Law in Texas
Child support payment order
I am an american citizen and now reside in the state of TX. My daughter was born in Germany and liver with her mom in Germany. She has never been to the US, nor does she have any legal status in the US. 4 years later, the State Attorney General of TX sends me a letter stating the payment of child support. I would like to know what are the laws from both sides? What can I do? Does the German law have any legal rights to enforce this on me?
2 Answers from Attorneys
Re: Child support payment order
International law allows for the enforcement of child support. Evidently, the child's mother more aware of this than you are. Start writing your checks to the State Disbursement Unit.
Re: Child support payment order
Under the Uniform Interstate Family Support Act, the US government has given the individual states the power to enter into reciprocal arrangements "for the establishment and enforcement of support obligations with foreign countries."
Texas has entered into such an agreement with Germany. Thus, in general, Germany will recognize and enforce Texas child support court orders and, likewise, Texas has agreed to recognize and enforce child support orders from German courts.
This is not to say that there is not a way to fight this. Have you ever been properly served with process from the German court? Do you have any grounds to contest the amount of child support awarded? If you were not properly served, you may be able to contest the US enforcement action. Also, you may look into retaining a German attorney to contest the merits of the child support case in Germany to determine whether you have options there. International child support and custody issues can get rather complex, and usually expensive to litigate on both sides. Please contact my office if you have any further questions.
Marc Pederson