QUESTION
Can a parent file child support even if she already left the country?
Asked on Nov 04th, 2012 on Family Law - California
More details to this question:
Parents never married. No custody , visitation or support orders ever filed with any court. The father pays child support directly into a bank account. Mother just took the child and moved out of the country and married with no notice to father. Does the father have to continue paying support now knowing there is no hope of seeing the child. And if he stops, does the mother have to come back to the US in order to try and file for child support? Would this also give the father a chance to file for visitation rights? The father lives in California, the mother moved to Aruba.
3 ANSWERS
Criminal Law Attorney serving Fremont, CA
at
Steven J. Alpers, A Professional Corporation
Update Your Profile
If the father stops eventually, the state may try to collect support for her if she was on some sort of support from the state. She might also file in Aruba. I have no idea what Aruba does. So the case may end up over there.
Answered on Nov 05th, 2012 at 9:01 PM
Divorce/Family Law Attorney serving Carlsbad, CA
at
Anne B. Howard, A Professional Law Corporation
Update Your Profile
File a paternity action and have her served, ask for visitation. Support should be handled where she lives. She can counter for support but you do not need to open that door right now. Opinion only not legal advice.
Answered on Nov 05th, 2012 at 9:01 PM
Family Law Attorney serving Escondido, CA
Partner at
Law Offices of Nadine M. Sayegh
As long as there is a pending child support order then the father must continue to pay child support. If there was a pending custodial order, the mother is likely in violation for leaving the country without informing the father and making a motion before the court. If the father refuses to pay child support then the mother would have to return to have child support revisited. However, the father will be held liable for all of the arrears. The father should instead be proactive by filing a motion to modify support to avoid being responsible for any arrearages. This response is not intended to create an attorney-client relationship and is simply for informational purposes only.
Answered on Nov 05th, 2012 at 8:59 PM