I am a US citizen but my ex isn't. Neither of us live in the US now. He stopped paying child support. Is there anything i can do

Asked 10 months ago - New York, NY

We were married in New York state. Our daughter turned 18 last June but I am still supporting her as she is going to school. My ex husband is in Poland now. I am in Argentina.

Attorney answers (4)

  1. Aneliya M. Angelova

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    Answered . There are number of issues: 1) whether your daughter is emancipated; 2) what court/state has jurisdiction over the emancipation issue. Emancipation laws vary (depending on what state you are in). Where is your daughter?

    This answer is for informational purposes only and should not be construed as legal advice.
  2. Jack Richard Lebowitz

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    Answered . I changed the question again to international law. In response to other counsel's comments, a child is not emancipated by being a full time student if the the custody obligation continues until the child is 21 in NY).

    The issue would be governed by an international treaty: the "Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters of 1965", more commonly called the Hague Service Convention. See the wiki link below.

    Basically, what you would have to do is get a certified copy of the NY Family Court Support Order (with a formal endorsement attached called an "apostle" from the NY Secretary of State, see the webpage, second link below.

    Depending on the status of Argentina and Poland under the Hague Service Convention, you either serve papers on the country's designated representative (easy, fast), or you have to make a formal request through diplomatic channels (slow). You will probably have to retain counsel in Poland to chase your ex around with whatever enforcement procedures exist in Poland.

    A daunting task, but not impossible. Good luck.

    This answer is provided under the Avvo.com “Terms and Conditions of Use” (“ToU”), particularly ¶9 which states... more
  3. Gunda Johanna Brost

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    Answered . This is a family law question but also an international law question. Perhaps consider reposting under international law because of the question of how to internationally enforce (if possible) a child support order. Your daughter may still be eligible for child support if she is enrolled in college, but check with a local family attorney to make sure. Good luck.

    This advice does not form an attorney-client relationship and is merely informative. It should not by itself be... more
  4. Guerline Ladouceur-Laurore

    Contributor Level 17

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    Answered . This is a family law question. I am editing your question to transfer it to the Family Law Section of our forum. Good luck.

    This answer is not intended to replace a consultation with an attorney and does not create an attorney-client... more

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