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Can my daughter get child support while living in a different country?

Vero Beach, FL |

I am still married to my husband but he is not economically helping with his daughter he sometimes sends a very little amount of money and forgets about his daughter for many months i was deported after being raised in the united states back to Colombia i had not done anything bad at all but my parents werent able to get paperwork in order so i was deported. We agreed ?(my husband and i ) that i would take my daughter well i have always been the one taking care of her in everyway now he called me one day and said he had received 4000 dollars of income tax returns because he filed stating he was supporting my daughter he bought a car with the money it makes me angry that he is using this money without having to help out with his daughter i dont know what i can do about it. thank you!

Attorney Answers 3

Posted

You listed Vero Beach as your posting city, but I'll assume you posted from Colombia, which is where you are currently living with your daughter. You could probably file for divorce in Colombia, then have a child support order enforced in Florida, and you should probably ask a Colombian lawyer about that, but that's probably an expensive way to go, and I'll bet your child support would be less than if you filed for support in Florida.

You wouldn't qualify to file for divorce in Florida, since you don't live here and aren't a citizen and resident of Florida, so that's not an option.

It is possible to file for legal separation in Florida (technically it's called "Support Unconnected with Dissolution") without being a Florida resident. You can't get "legally separated" with this type of lawsuit because Florida doesn't allow that, but you can get child support and even alimony. You should speak to a Florida lawyer about it, because, in your case, it's a little complicated.

The contents of this answer should be considered friendly advice, not legal advice (I'm a pretty friendly guy), and the answer should not be construed to constitute an attorney-client relationship. If you'd like actual legal advice, call me for a free consultation at 813-635-0222. Also, if you liked this answer as much as my big ego thinks you did, be sure to click the thumbs-up button!

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Posted

I take it that you are still in Colombia? You will need to hire a lawyer in the county in which your husband resides. If your husband still lives in the United States, you can get a divorce in Florida and get a child support award. You will need a lawyer though to help you.

Lawrence J. Marraffino, Florida Divorce Lawyer

This answer cannot be a substitute for legal advice which requires more information from the client than can be obtained in this forum. Therefore this answer CANNOT BE RELIED UPON AS LEGAL ADVICE FROM THIS ATTORNEY.

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Posted

I would recommend speaking to an attorney in Colombia to see how to proceed.

You should consult an attorney for advice regarding your individual situation since every case is different and not all information is relayed in an online question. The Law Office of Ophelia Bernal-Mora, P.A. is a family & criminal law firm located in Orlando, Florida, we invite you to contact us and welcome your calls at 407-377-6828. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.

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