Asked 4 months ago - San Jose, CAFlag
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?
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.
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