QUESTION
What can I do to make the father of my children pay the child support if I am an illegal immigrant?
Asked on Mar 06th, 2012 on Immigration - California
More details to this question:
If I'm an illegal immigrant in the state of Florida and have two under age of 18, can I still get child care (child support) from their father. He currently has 50% custody of them but does not give me any child support, the kids live with me full time and do not spend and nights with their father. What rights do I have to present in court? Will I get deported if I do?
3 ANSWERS
Immigration Law Attorney serving Orlando, FL
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Stoller & Moreno, P.A.
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The answer is that you have every right to file for support payments as anyone else. Although your lack of lawful status in the US is a problem, I would state the risk of you running into trouble as a result of trying to enforce Mr. Deadbeat's obligations is very low. Unless I am missing something, Immigration and Customs Enforcement is generally not looking at child support enforceecases as a priority source of immigration law enforcement. Hope this helps. Good luck.
Answered on Mar 12th, 2012 at 2:33 PM
LCA Audits and Investigations Attorney serving Houston, TX
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Fong Ilagan
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Child support has to do with the state family laws, not federal immigration.
Answered on Mar 08th, 2012 at 1:05 PM
Intellectual Property Attorney serving Menlo Park, CA
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Sheppard Mullin
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Your immigration status should not affect your right to ask for child support for children under 18. If the divorce paper does not provide for child support, you may petition the court to revisit this issue if the divorce paper provides for child support, you can enforce the provision and report him to relevant state agency.
Answered on Mar 08th, 2012 at 1:05 PM