My husband is a US Citizen and an Overseas Citizen of India. He stopped paying pendent lite support and went back to India. What is my recourse if he never comes back?
Greatly appreciate your quick response, Mr Cohen. To add a bit more information: We were married only in the US, not in India. --- Thank you for the reply Mr Miranda. There are no children; only pendent lite spousal support. But your reply was helpful. --- Thank you for the reply Mr Yomtov. Mr Miranda/Mr Yomtov: Could I not file a contempt of court with the Santa Clara Court when he is in India?
Family Law Attorney
You will need to hire an Attorney in India to proscute you case and see if the court there will compel him to pay support.
My name is Stephen R. Cohen and I have practiced over 38 years and can be reached at 213-819-1171. I practiced mainly in Los Angeles and Orange County, California. I am not seeking clients from existing relationships with other attorneys, and give only limited advise over the phone (the phone is primarily used to set appointments), these services do not create an attorney client relationship. I apologize for mispelling< as I am a lousy typist, My answers may offend as I do not believe in pulling punches or sugar coating the truth. Further regarding courts in other states my opinions are largely based on logic and what I think is the modern trend which is to consider the needs of the child.
You will need to hire a lawyer in India to pursue the matter in that country, as India does not have a reciprocal child support agreement with the US.
The Order will remain valid, and accrue interest at 10% annually until paid. While this may be of little consolation if he remains in India, if he does come back to the US, a private attorney or DCSS will have several collection options, and may also seek contempt.
I agree with the other gentlemen about hiring an attorney in India if your husband never comes back to the U.S.
But just in case he does, I would suggest that you obtain an Abstract of Support Judgment from the court clerk, and then record that with the County Recorder's Office. This should mess with his ability to take out a new mortgage, should he wish to do so, and should be reflected on his credit report.
You also might want to open a case with the Dept. of Child Support Services. They also help with spousal support, and they monitor people's tax IDs to see if they're getting paid by any employers in the state of California.
Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of California. Responses are based solely on California law unless stated otherwise.