My husband is a US Citizen and an Overseas Citizen of India. He stopped paying pendent lite support and went back to India.

Asked almost 2 years ago - San Jose, CA

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?

Additional information

Greatly appreciate your quick response, Mr Cohen. To add a bit more information: We were married only in the US, not in India.
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Thank you for the reply Mr Miranda. There are no children; only pendent lite spousal support. But your reply was helpful.
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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?

Attorney answers (3)

  1. Stephen Ross Cohen

    Contributor Level 20

    Answered . 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... more
  2. Timothy Miranda

    Pro

    Contributor Level 15

    Answered . 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.

  3. David Alexander Yomtov

    Pro

    Contributor Level 16

    Answered . 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... more

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