Can my child living in India come to US & open child support case against me (living in NJ, USA)?”
Asked on Aug 09th, 2016 on Child Support - New Jersey
More details to this question:
I & ex-wife (both India citizens) had divorce granted in India 2014. No alimony granted to ex. Child-Support granted to ex. No custody order given to her. Child (7yrs, born in US) lives in India with ex, ex has not let me meet child ever. Ex has gone to India court again for full custody. Wants to compromise now – Willing to give up Child-Support for full custody & no visiting rights. Q: Before I sign the above request I want to know – “Can the child come to US & open case against me (living in NJ, USA) for child support?” What clauses & wording should I get included in the compromise?
Your matter raises several issues that are better discussed in a consultation with a family law attorney. For instance, there may be jurisdictional issues and the need to register your Judgment of Divorce, any Orders and/or the instant Consent Order in New Jersey. Also, the scenario you set forth does not address whether or not your child's mother would come to New Jersey with your child.
In New Jersey, child support is a child's right, not either parents'. A custodial parent brings a complaint on behalf of a child. Child support is paid to the custodial parent because children do not have the legal capacity to manage their own affairs. Because child support is a right of the child, in New Jersey, the right to child support cannot be waived by a custodial parent.
If your child's mother comes to New Jersey with your child and files an action for child support, she will need to establish that New Jersey is the appropriate jurisdiction to address this matter and you may want to have the Judgment of Divorce and Orders that were entered in India registered in New Jersey to support your argument that the court in New Jersey enforce the consent agreement and order that were entered into in India.
To protect your interests, you may consider consulting with an attorney in India about the consent agreement.
There are a number of nuances to your question that can be better addressed in a consultation. The attorneys at Weinberger Law Group offer a free initial consultation. Call today to schedule your appointment.
The information we provide is not, nor is it intended to be, legal advice. These answers are designed for general information only. You should consult an attorney for advice regarding your specific situation. Our website, www.WLG.com, will provide you with a wealth of valuable information in addition to the best way to contact us.
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