Child Support Enforcement of Foreign or Interstate Orders
I have had clients call me in the United States due a child support order established in either a different country of a different states. Just last week, I had an individual residing in Arizona and was frantic about finding an attorney who knew how to “handle” state child support cases.
The most difficult child support cases to enforce.The most difficult child support cases to enforce are those in which the parent obligated to pay child support lives in one state or another country and the child and custodial parent live in another. As for foreign orders established in another country, reciprocal arrangements exists between the U.S. and the following countries: Australia, Austria, Bermuda, Canada (by province), Czech Republic, Fiji, Finland, France, Germany, Hungary, Ireland, Jamaica, Mexico, New Zealand, Norway, Poland, Slovak Republic, South Africa, Sweden, United Kingdom (England, Scotland, N. Ireland).
Establishing parentageIf you need to establish paternity for a child and the father lives in another part of the country, this should not stop you from establishing parentage. Your state may be able to claim jurisdiction and establish paternity if the alleged father had lived in the state or your child was conceived in your state. Otherwise, your state can petition the other state to establish paternity under their laws. Often, genetic tests will be ordered to prove paternity.
The Child Support Recovery Act of 1992There is a federal law that makes it a crime to not pay child support. The Child Support Recovery Act of 1992 makes it a federal crime to willfully fail to pay support. In order to prosecute under this act, federal prosecutors must prove that the parent was financially able to meet his/her obligation at the time the payment was due. If support arrearages are more than $5,000 or are unpaid for longer than 1 year, the parent is subject to punishment. Priority is given to cases: (1) where there is a pattern of moving from state to state to avoid payment; (2) a pattern of deception (use of false name, social security); (3) where there is failure to make support payments after being held in contempt; and (4) where failure to make payments is connected to some other federal offense such as bankruptcy fraud.