Can my ex husband file s child support from me when they are not currently residing here in the USA.

I got my final notice of my divorse in 2009. My ex husaband file a child support from me stating that he is currently unemployed from 2008 to the present. He got the sole custody because when i file the divorse he and my daughter does not have a residency status yet. Now he comes to the USA 2x a year and stay for 10 days only with my dtr then go back to the Phil again. He is currently employed in the Phil. as head security and private pilot of the company he is working with since April of 2010 to present. The amount he is asking was base on the USA computation for a child support residing in the USA. with the parents supporting the child to have a visitation rights. This right was not given yo be since they move back to Phil and even they visit the USA he does not grant me to see my Dtr.

Ventura, CA -

Attorney Answers (1)

Brenda Lynn McCune

Brenda Lynn McCune

Child Support Lawyer - Brea, CA
Answered

Yes, he can obtain child support as he clearly has custody of your daughter. You will need to seek an order for custody and visitation. You can modify the order giving him sole custody, the court continues to have jurisdiction to change the custody as long as your daughter is still a minor. The court, when hearing the request for child support, will not penalize him, or give him a lower amount of child support just because you argue that he keeps your daughter from you. He has apparently taken actions to enforce his right to financial assistance from you, you must now take action to enforce your rights as a parent to be involved with your daughter. The child support court will not help you with that, you need to file a separate action. If you attempt to discuss the custody and visitation with the court when you are there on the child support request, they will tell you it is "not before the court".

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