The mother and child live in Illinois and the illegal father lives in Germany. Is it possible for the mother to file for child support if the father is illegal and lives in a different country? He is a resident in Germany?
My instinct is to answer yes, but I don't see how a judge in the family court in the US can have the power to order someone outside the country to do anything. We are talking enforcement of the American judgement in a German court here.. You'll need to repost this question (that has nothing concering immigration law in it) in the family and/or international sections to get a meaningful answer.
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7 lawyers agree
Family Law Attorney
I agree with Mr. Behar, but I have to say this: If the father lives in Germany, then he is not currently an "illegal immigrant" - that is to say, an immigrant in the U.S. without legal status (at least, not in the U.S. He could conceivably be an immigrant in Germany, I suppose).
The point is: You can seek a child support award, but extending the jurisdiction of the court to reach him, especially to collect on it, will be a problem.
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I will say yes, although you might face enforcement issues because the father is outside of the US. jurisdiction.
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That Illinois court child support order would be unenforceable in Germany as it has no jurisdiction over a person abroad.
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Divorce / Separation Lawyer
You could get the child support order here conceivably and enforce it if he ever returns to the USA.
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Yes it is possible. You will need the help of a family attorney. The difficulty will be having the award enforced.
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4 lawyers agree
Divorce / Separation Lawyer
Yes you can probably obtain a court order for support if you have any evidence of his income. However, if he blows off the order and doesn't pay, or underpays, you will have a very difficult time enforcing the order. Talk to a lawyer if you want to pursue this.
3 lawyers agree