The International Child Support Dilemma: Do You Have to Pay When Living Abroad?

Child support is a crucial aspect of family law that requires non-custodial parents to provide financial assistance to support their children’s welfare. The child support obligation generally arises when a couple gets a divorce, and one parent has primary custody of the children. Child support payments are meant to cover the basic necessities of life, including food, housing and healthcare.

If the parent obligated to pay child support lives abroad then there are certain rules and regulations they must follow to fulfill their obligations. In this article, we will discuss whether a non-custodial parent has to pay child support if they live abroad. This is sometimes also known as ‘International Child Support’.

Jurisdiction

The first step in determining whether a non custodial parent has to pay child support if they live abroad is to determine whether the court that issued the child support order has jurisdiction over them. In most cases the court that issued the original child support order has jurisdiction over the non custodial parent, even if they live in another country. However, in some cases, the non-custodial parent may be able to argue that the court does not have jurisdiction over them.

If the court has jurisdiction over the non custodial parent, they must continue to pay child support even if they live abroad. The amount of child support that the non custodial parent must pay is usually determined based on their income and the needs of the child. However, the court may take into account the cost of living in the country where the non custodial parent lives and adjust the child support payments accordingly.

It is essential to note that failing to pay child support can have severe consequences even if the non-custodial parent lives abroad. The custodial parent can take legal action to enforce the child support order which may include garnishing the non-custodial parent’s wages, placing liens on their property and even seeking their arrest. In extreme cases, the non-custodial parent may also face criminal charges for failing to pay child support.

International child support remains difficult to enforce

The issue of enforcing child support orders across borders can be challenging as it requires cooperation between different countries’ legal systems. International child support enforcement is governed by the Hague Convention on the International Recovery of Child Support and Other Forms of Family Maintenance, which provides a framework for countries to work together to ensure that child support obligations are met.

The Hague Convention on the International Recovery of Child Support is a treaty that aims to establish a legal framework for the recovery of child support and other forms of family maintenance across international borders. The treaty provides a mechanism for cooperation between countries in enforcing child support orders and ensuring that children receive the financial support they need.

Under the Hague Convention, a custodial parent can apply to the central authority in their country to request that the non-custodial parent’s country enforce the child support order. The central authority in the custodial parent’s country will then work with the central authority in the non-custodial parent’s country to ensure that the child support order is enforced.

If the non custodial parent lives in a country that is not a party to the Hague Convention then enforcing a child support order may be more challenging. In this case the custodial parent may need to seek legal assistance in the non custodial parent’s country to enforce the order.

It is worth noting that some countries have reciprocal enforcement agreements in place that allow for the enforcement of child support orders across borders. For example, the United States has reciprocal enforcement agreements with over 30 countries, including Canada, the United Kingdom, Australia and many countries in Europe. In some cases, the non custodial parent may be able to modify their child support order if they can show that their circumstances have changed significantly.

Countries that are part of The Hague Convention on the International Recovery of Child Support and Other Forms of Family Maintenance

There are 39 countries that are parties to The Hague Convention on the International Recovery of Child Support and Other Forms of Family Maintenance. The countries that are parties to the convention are:

• Albania
• Argentina
• Australia
• Austria
• Belgium
• Bosnia and Herzegovina
• Bulgaria
• Canada
• Chile
• China (Hong Kong SAR)
• Croatia
• Cyprus
• Czech Republic
• Denmark
• Estonia
• Finland
• France
• Germany
• Greece
• Hungary
• Ireland
• Israel
• Italy
• Latvia
• Lithuania
• Luxembourg
• Malta
• Mexico
• Montenegro
• Netherlands
• New Zealand
• Norway
• Poland
• Portugal
• Romania
• Serbia
• Slovakia
• Slovenia
• Spain

Countries that are not party to The Hague Convention on the International Recovery of Child Support and Other Forms of Family Maintenance

The following countries are not party to The Hague Convention on the International Recovery of Child Support. If the non custodial parent chooses to move to one fo these countries then it becomes very difficult to get any child support from them. Many parents move to these countries to avoid their child support liabilities. Interestingly, while lost of legal beagles say it is possible to get paid your child support from anywhere in the world you will find that in reality it very hard to get any child support payments if the non-custodial parent is resident in one of these countries. This includes United States citizens who choose to live in these countries. regardless of the United States Court, it is very difficult to get payments from non-custodial parents who have gone to these countries to live.

• Afghanistan
• Belarus
• Bhutan
• Brazil
• Cambodia
• Eritrea
• Eygpt
• Iran
• Iraq
• Laos
• Lebanon
• Libya
• Malaysia
• North Korea (Democratic People’s Republic of Korea)
• Russia
• Somalia
• South Sudan
• Syria
• Thailand
• Ukraine
• Vietnam

How to enforce a child support order through the The Hague Convention on the International Recovery of Child Support

Enforcing a child support order through The Hague Convention on the International Recovery of Child Support and Other Forms of Family Maintenance involves the following steps:

Contact the central authority in your country

The first step in enforcing a child support order under the Hague Convention is to contact the central authority in your country. In the United States the central authority is the Office of Child Support Enforcement (OCSE). The central authority can provide you with information on the process, including the necessary documents and procedures.

Submit an application to the central authority

Once you have contacted the central authority then you will next need to submit an application to them. The application should include a copy of the child support order, as well as any other relevant documents, such as proof of the non-custodial parent’s location.

The central authority in your country forwards the application to the central authority in the non-custodial parent’s country

Once the central authority in your country has received your application then they will forward it to the central authority in the non-custodial parent’s country.

The non-custodial parent is notified of the application

The central authority in the non-custodial parent’s country will notify them of the application and give them the opportunity to contest it if they wish.

The central authority in the non-custodial parent’s country enforces the child support order

If the non-custodial parent does not contest the application, or if their objections are rejected, the central authority in the non-custodial parent’s country will enforce the child support order. The exact procedures for enforcing the order will vary depending on the laws and procedures of the non-custodial parent’s country.

It is important to note that the process of enforcing a child support order through The Hague Convention can take time and there may be delays and complications along the way. It is therefore advisable to seek the assistance of an attorney or other legal professional who has experience with international child support enforcement to help guide you through the process. Take a Free Assessment to get the facts.

Central authority in each of the signatories to the The Hague Convention on the International Recovery of Child Support and Other Forms of Family Maintenance

The following is a list of the central authority in each of the signatories to The Hague Convention on the International Recovery of Child Support and Other Forms of Family Maintenance:

1. Albania: Ministry of Justice, Department of International Agreements
2. Argentina: Ministry of Justice and Human Rights, Directorate of International Affairs
3. Australia: Australian Attorney-General’s Department, International Family Law Branch
4. Austria: Federal Ministry of Justice, International Legal Affairs Department
5. Belgium: Federal Public Service of Justice, International Judicial Cooperation Service
6. Bosnia and Herzegovina: Ministry of Justice of Bosnia and Herzegovina
7. Bulgaria: Ministry of Justice, International Legal Cooperation and European Integration Directorate
8. Canada: Department of Justice Canada, International Assistance Group
9. Chile: Ministry of Foreign Affairs, Directorate of International Public Law
10. China (Hong Kong SAR): Secretary for Justice, International Law Division
11. Croatia: Ministry of Justice, Department for International Legal Assistance and European Affairs
12. Cyprus: Ministry of Justice and Public Order, International Legal Cooperation Unit
13. Czech Republic: Ministry of Justice, International Department
14. Denmark: Ministry of Justice, International Division
15. Estonia: Ministry of Justice, International Law and EU Affairs Department
16. Finland: Ministry of Justice, International Legal Assistance Unit
17. France: Ministry of Justice, Department of International Affairs
18. Germany: Federal Office of Justice, International Legal Cooperation Department
19. Greece: Ministry of Justice, Transparency and Human Rights, Directorate of International Legal Cooperation
20. Hungary: Ministry of Justice, International Legal Cooperation Department
21. Ireland: Department of Justice and Equality, International Child Protection Unit
22. Israel: Ministry of Justice, International Affairs Department
23. Italy: Ministry of Justice, International Affairs Department
24. Latvia: Ministry of Justice, International Cooperation Division
25. Lithuania: Ministry of Justice, International Legal Cooperation Department
26. Luxembourg: Ministry of Justice, International Legal Cooperation Service
27. Malta: Ministry for Justice, Equality and Governance, International Legal Affairs Unit
28. Mexico: Secretariat of Foreign Affairs, Directorate General for Consular Affairs and Protection
29. Montenegro: Ministry of Justice, International Cooperation Department
30. Netherlands: Ministry of Justice and Security, International Legal Cooperation Division
31. New Zealand: Ministry of Justice, International Family Law Unit
32. Norway: Ministry of Justice and Public Security, International Law Section
33. Poland: Ministry of Justice, Department of International Cooperation and Human Rights Protection
34. Portugal: Ministry of Justice, Directorate-General for Justice Policy
35. Romania: Ministry of Justice, International Cooperation Department
36. Serbia: Ministry of Justice, International Cooperation Department
37. Slovakia: Ministry of Justice, International Legal Protection Department
38. Slovenia: Ministry of Justice, Directorate for International Law and Legal Assistance
39. Spain: Ministry of Justice, Directorate General of International Legal Cooperation