Legal Question in Family Law in Virginia
Support in another country
While stationed in Germany, in 1986 a German National had a baby whom she claimed was mine. I had a Military lawyer at the time who was also born and raised there and who did not give me much on alternatives. No DNA etc. He just said, sign papers for support monthly based on your salary and that will be the end of that. It's now 2003 and I am retired from the military for 2 years now. I have kept my payments going yet I just recieved a letter from the German attorney (again) saying that I must pay 5000 dollars a month. My current payment is 400.00 dollars a month. Can they do this. Can a Foreign Government make this kind of request from an american citizen. This is almost extorsion. How do you go from 400.00 to 5000 a month child support payment. I don't even make that kind of money. They demand I send them my tax return, mortgage payemnts etc to reset the original payment plan that was established 16 years ago. Can these people hurt me. I have been honorable and have done my utmost to continue the payments and have payed everytime they asked for an increase. I intend now to raise my payments to 500 or even 600 if that will help. What are my choices. Please help. Any response would be helpful. I feel like I am being blackmailed.
1 Answer from Attorneys
Re: Support in another country
If my calculations are correct, the child you've been paying for all these years could already be 17 years old, and, therefore, nearing the age of emancipation. Whether a foreign country can continue to exercise jurisdiction over you up until the child is in fact emancipated through the military retirement system of the United States would appear to me to be an open question. Some research on this and related issues would
appear to be necessary, and I would suggest that you arrange to consult with an attorney knowledgeable in family law matters who will also be able to analyse your situation as a foreign national who, apparently, has voluntarily made himself subject to German child support laws, and, what rights you may have at this point, if any, to contest or, perhaps, even terminate what may be an unfair and coercive situation.
In the meantime, you may want to respond to the German attorney with your counteroffer, if you feel that this is something that you should continue paying. However, even at this late date, you may, also, wish to demand a paternity test, among other things.