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My husband is from mexico, his parents never fixed his papers to be legal in the USA , they did fix a list of family members

Asked 10 months ago - Mesa, AZ

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papers, now we are not together he went back to Mexico City due to the fact he is no unable to have his papers fixed , he has a total of 4 children here in the states and was paying child support while he was here and then he was deported my question is am I able to take his parents to court for child support for my daughter or is there something that can be done, I can not even afford school clothes for my daughter I am having a hard time right now as I am in the process of for social security.

Attorney answers (3)

  1. Pro

    Contributor Level 15

    3

    Lawyers agree

    Answered July 17, 2012 09:05. Unfortunately, his parents have no legal obligation to pay child support for your daughter.

    It sounds like there is a valid child support order, and his debt is continuing to grow, but I have never heard of anyone being able to enforce an American child support order against a foreign national who is living outside the USA.

    If you know that your child's father owns property that is located here in the USA, you might be able to go after that property to cover some of the child support, but otherwise, if he has returned to his native Mexico, you may just be out of luck.

    IF YOU FOUND THIS ANSWER "HELPFUL" or "THE BEST ANSWER," PLEASE MARK IT SO AS AVVO AWARDS THE ATTORNEY POINTS. All attorneys providing answers on this site are donating their time and not financially compensated.

    Information provided on this site does not constitute legal advice. Answers posted here are based on a very... more
  2. Contributor Level 8

    Answered July 19, 2012 13:44. I agree with the other attorney. The grandparents have no legal obligation to pay child support. The father remains responsible for financially supporting his kids. Both parents have that obligation.

    If he was paying child support voluntarily when he was here, he can continue to do so from Mexico once he gains employment. It will be difficult to enforce if he is not willing to pay voluntarily.

    This answer is intended to only provide general information and does not establish an attorney- client... more
  3. Pro

    Contributor Level 16

    Answered July 22, 2012 00:33. I agree. There should be a way to enforce a child support order outside the US but, unless he has an American employer here that can garnish his wages, you are likely not left with a lot of options. While he is not paying, the arrearages are building up. If he ever returns to the US, he will have to pay the child support owed because it is the type of judgment that never dies.

    To schedule a free consultation in MESA, SCOTTSDALE, PARADISE VALLEY, PHOENIX, or TEMPE, AZ. Please call us at 480-840-3138.

    IF YOU FOUND THIS ANSWER "HELPFUL" or "THE BEST ANSWER," PLEASE MARK IT SO AS AVVO AWARDS THE ATTORNEY POINTS. All attorneys providing answers on this site are donating their time and not financially compensated.

    To schedule a free consultation in MESA, SCOTTSDALE, PARADISE VALLEY, PHOENIX, or TEMPE, AZ. Please call us at 480-... more

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