Child support/alimony if one moves abroad

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MrsBDG
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Joined: Thu Apr 13, 2017 4:04 pm

Child support/alimony if one moves abroad

Post by MrsBDG »

A friend and spouse are divorcing, with children involved. If the lower earner moves home (abroad) and the children remain in the US, has any one had experience with how courts (CA) view child support (order cannot be enforced by any garnishment) or alimony (if the US based person has the kids 100% and would have to fly the kids to the other country for visits at this age.)

I have read that courts seem to feel travel abroad alone cannot happen until mid teens, and there is a long time remaining to have minor children and reasonable visitation. The couple is hoping to remain amicable, you take yours, I'll take mine, and the kids need to live with the US parent. I think the biggest question is whether a CA judge will accept that sort of petition?
tj
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Re: Child support/alimony if one moves abroad

Post by tj »

MrsBDG wrote: Fri Sep 24, 2021 7:13 pm A friend and spouse are divorcing, with children involved. If the lower earner moves home (abroad) and the children remain in the US, has any one had experience with how courts (CA) view child support (order cannot be enforced by any garnishment) or alimony (if the US based person has the kids 100% and would have to fly the kids to the other country for visits at this age.)

I have read that courts seem to feel travel abroad alone cannot happen until mid teens, and there is a long time remaining to have minor children and reasonable visitation. The couple is hoping to remain amicable, you take yours, I'll take mine, and the kids need to live with the US parent. I think the biggest question is whether a CA judge will accept that sort of petition?

This seems like a bizarre scenario to me. I don't know how you can flee the country and keep shared custody.
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ResearchMed
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Re: Child support/alimony if one moves abroad

Post by ResearchMed »

tj wrote: Fri Sep 24, 2021 7:25 pm
MrsBDG wrote: Fri Sep 24, 2021 7:13 pm A friend and spouse are divorcing, with children involved. If the lower earner moves home (abroad) and the children remain in the US, has any one had experience with how courts (CA) view child support (order cannot be enforced by any garnishment) or alimony (if the US based person has the kids 100% and would have to fly the kids to the other country for visits at this age.)

I have read that courts seem to feel travel abroad alone cannot happen until mid teens, and there is a long time remaining to have minor children and reasonable visitation. The couple is hoping to remain amicable, you take yours, I'll take mine, and the kids need to live with the US parent. I think the biggest question is whether a CA judge will accept that sort of petition?

This seems like a bizarre scenario to me. I don't know how you can flee the country and keep shared custody.
It doesn't sound like "fleeing the country" if they are working together on this.

Whether a court would approve this depends in part on how the two parties present it, and if they are truly cooperative.

But yes, should things go south, enforcing an agreement (financial or custodial - two potentially separate problems) could be tricky.

Would a court be *needed* if the two parents completely agree? (Whether this is a good idea is a separate issue.)

RM
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HueyLD
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Re: Child support/alimony if one moves abroad

Post by HueyLD »

Your friend needs to consult an attorney in California, preferable one who is familiar with international laws.
rooms222
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Re: Child support/alimony if one moves abroad

Post by rooms222 »

This law firm has a good summary of some of the important issues:

https://www.furmanzavatsky.com/internat ... a-divorce/

Whether or not the other country is a Hague Convention signatory is important as to whether or not there is more assurance that the child will likely be returned if visiting the other country, so that is country-specific. Also, enforcement can be ineffective, even in signatory countries.

https://www.international-divorce.com/W ... t-Help.htm
Topic Author
MrsBDG
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Re: Child support/alimony if one moves abroad

Post by MrsBDG »

Yes it’s a Hague nation.
Yes an attorney will be consulted, but at the prices quoted it seems smart to do some preliminary research and ask smart questions when paying for them.

The hope is that this will be amicable and that there would be no alimony and the relationship allows for reasonable visitation. The youngest is quite young and could no go anywhere without Mom yet, especially post Covid isolation. Mom would love the kids to maintain a positive relationship with the faraway dad.
Piper59
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Re: Child support/alimony if one moves abroad

Post by Piper59 »

Child Support must be paid - there are remedies if Non Custodial Parent is in arrears. One of them is they cannot renew their passport. I don't think those remedies are as strict for alimony.
secondcor521
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Re: Child support/alimony if one moves abroad

Post by secondcor521 »

Both parents would need to sign off on the kids' passports. My understanding of this is so that a parent can't take the kids to a foreign country and make it more problematic for the US parent to get them back.

Yes, things might be amicable now. They don't always stay that way in divorces as things evolve.

Divorce varies by state, but in my state the court will be strongly biased to award physical custody of the kids to the parent who remains vs. the parent who leaves. Also, transportation costs to the parent who leaves are borne by the parent who leaves - if they can't / won't afford it, then that's too bad for them (and probably not great for the kids, but just saying where the burden would lie). The idea is that the court generally thinks continuity in the kids' lives is best unless there is evidence to the contrary. If the kids are clean, fed, clothed, and getting decent grades, the status quo will rule.

My guess would be that the remaining parent would be in the driver's seat in terms of what they (the remaining parent, not the court) would consider acceptable in terms of visitation. If there were any sort of evidence or risk that the leaving parent were going to violate a court-ordered custody arrangement, the remaining parent could probably get the court to require the leaving parent to return to US for their visitation (i.e., not allow overseas custody).

In my state, there are multiple enforcement mechanisms for past due child support - wage garnishment and liens on real property. I think one also can have tax refunds and SS taken, and I think it may not be possible to renew any sort of state license while back child support is owed. As long as the parent leaving the US is out of the country, they may be able to avoid it, but returning to live/work in the state would be problematic. I don't know if states have any sort of cross-enforcement, so returning to another state might "work".
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