My Spouse Left the US to Avoid Paying Child Support - International Enforcement of Child Support

FOR IMMEDIATE RELEASE
(Free-Press-Release.com) June 26, 2008 --

Currently every state has an in-state child support enforcement mechanisms that allow a state to garnish income, hold non-paying spouse in contempt or revoke his/her license. Income withholding encompasses deduction of money from the income of the non-custodial parent (including wages, overtime pay, worker's compensation, unemployment compensation, retirement benefits, etc.) A person found in contempt may be ordered to pay a lump sum of money. The person also can be sent to jail until a certain sum of money is paid. Finally, if a court finds the non-custodial parent failed to obey the court order, it may order his or her driver's license, professional, occupational license, or recreational license suspended after 30 days.

However, there are circumstances when a non-custodial parent may attempt to leave the US in order to avoid payment of child support. Luckily for a custodial parent, if a non-paying spouse left the US in hoping to avoid paying the child support, there might be a relief available. In 1996, the United States government joined international convention concerning enforcement of child support. If a non-paying spouse resides in a country where US has a bilateral agreement, the child support obligations are easier to enforce. At this moment, such countries are Australia, Canada. Czech Republic, El Salvador, Finland, Hungary, Ireland, Netherlands, Norway, Poland, Portugal, Slovak Republic, Switzerland, The United Kingdom of Great Britain and Northern Ireland. In addition, most states have signed separate child support agreements with other countries.

Immigration Consequences of Failure to Pay Child Support

A Legal Permanent Resident (green card holder), who is applying for the US citizenship must demonstrate good moral character. Fulfilling one's child support obligations is crucial to satisfy this requirement. Hence, failure to pay child support may prevent a non-paying non-US citizen parent from becoming a U.S. Citizen.

Changing country of residence may have dire immigration ramifications even on the U.S. Citizens. Although U.S. passports cannot be denied based on requests from private individuals, nonetheless the Secretary of State must deny issuance of a passport to a person who is in arrears of child support of more than $5,000 based upon a certification to that effect by the Secretary of Health and Human Services (HHS). (42 U.S.C. 652 (k)). Needless to say, that restoration of a U.S. passport or even obtaining the limited validity passport for the purpose of entering the U.S. is a complicated bureaucratic process.

M.C. Law Group is a full service immigration law firm in Bridgeport, Connecticut handling cases in all areas of immigration & naturalization law.
To learn more, visit http://www.uslegalvisa.com.
The information presented is general information only and should not be construed to be neither a formal legal advice nor the formation of a lawyer/client relationship.

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