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My friend is legally seperated from her daughters father and there is a court order for spousal and child support....past due to the tune of over 20 grand. He is not a US Citizen and has no papers to my knowledge. She tried a few online sites that help regain back support but, if you get welfare you don't qualify. They live in differnet states and fighting for support seems endless.....anyone have any suggestions on how to work this thing out. The courts seem like no help. And trying to find a Lawyer who practices in both states is like finding a needle in a haystack. Any suggestions would be wonderful.

2006-08-12 17:12:15 · 7 answers · asked by Jill K 3 in Family & Relationships Family

7 answers

If he's not a US citizen, unfortunately, there really is no help available to your friend at this time. Without any type of documentation on him, the courts can't track him, much less don't care enough to even try. It's sad, but it's how it works. You did mention though, that there is already an order in place for spousal support and child support. This conflicts with him being an illegal immigrant and has me wondering if your friend is being completely honest with you. Courts will only order spousal support in the most extreme cases or for the filthy rich. Which means if that order exists, as well as separation papers, the courts have some sort of documentation on him. If your friend knows of his where abouts, she can do two things. One being, file the motion for the actual divorce and hope he appears before the judge, then prior to her given court date, file contempt for non-payment of support to be held on that same day. If he shows, they'll arrest him and he won't be released until he pays a large chunk of the arrears. If he doesn't show, a warrant is issued for his arrest. It may not mean much, but it's a safety net just in case she does come in contact with him. She can then call and have him picked up by your local sherriff's department.

2006-08-12 17:24:12 · answer #1 · answered by Hollynfaith 6 · 0 0

The local child support enforcement can help. Once the ex-husband is in the system they can locate him. It will take a while. The support enforcement system does allow you to be on welfare especially when you have a child unlike some of those online agencies that "say" they want to help and then charge a fee. Support enforcement does charge 25.00 but that is all.

2006-08-12 17:19:37 · answer #2 · answered by Anonymous · 0 0

She needs to file a complaint for contempt of court at the court where her order is recorded. If that is not an option in this state she only needs to get a lawyer for the state where she lives or from where the court order is filed.

2006-08-12 17:36:22 · answer #3 · answered by Mtn dweller 2 · 0 0

Check out the international agreements of the country that he is from. Several times there are international agreements to collect child support between the US and other countries. So, even if he is deported, you can still get it enforced.

2006-08-12 17:56:06 · answer #4 · answered by John F 3 · 0 0

It took my mom over 10 years to see any child support from my dad. He is still paying back child support to her and I am going to see what can be done to have it paid to me instead of to her. Fat chance on finding the guy. One of my friends has the exact same problem.

2006-08-12 17:20:07 · answer #5 · answered by Kat N 1 · 0 0

toddler help and custody are 2 different subject concerns. the two could be court docket ordered. because your father became court docket ordered to pay toddler help on your mom, that's what he's doing. because you mom became granted custody of you thru yet another court docket order, you follow her. in case you opt for for to stay with your father, and your mom isn't prepared to allow you to achieve this, he would decide for to flow back to court docket and petition that the unique ruling giving your mom custody be overturned. to confirm that that to succeed, he would could tutor that residing with your mom is a risk on your existence and protection. So no, you saying you do in comparison to your mom (as all toddlers your age do quicker or later) shouldn't make a choose overrule an latest custody order.

2016-11-04 11:34:12 · answer #6 · answered by ? 4 · 0 0

If he has no papers its probaly imposible, If she has a social securty number on him he might want to pay if he wants to become a citizen, when he goes to apply hopefully a warrant will come up,but then they may deport him, good luck

2006-08-12 17:17:21 · answer #7 · answered by takkeasha 2 · 0 0

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