S.P.A.R.C.

Separated Parenting Access & Resource Center
crazy gamesriddles and jokesfunny picturesdeath psychic!mad triviafunny & odd!pregnancy testshape testwin custodyrecipes

Author Topic: Pay Child Support and Leave USA?  (Read 3534 times)

23ncp

  • New Arrival
  • *
  • Posts: 27
  • Karma: 0
    • View Profile
Pay Child Support and Leave USA?
« on: Dec 26, 2015, 11:31:59 AM »
I am in a situation where the judge has effectively ordered that I will not see my child again.

I still have about 3 years of child support to pay. I'd like to live outside of the USA since I have no real family ties here even though I was born here.

I have the lawful right to immigrate outside of the USA (won't get into specifics for privacy reasons) and I'd like to do so while continuing to pay court ordered child support.

I'd like to know what can happen to me if I live abroad (within a reciprocating child support country) and do not return to the USA while continuing to pay court ordered child support under the below circumstance.

Say I leave the USA and continue to pay the court ordered child support but at some point in time I am ordered to pay *more* child support via imputation, sewer service, or any other reason that my child support might be upward modified *after leaving the USA* . I am unemployed, but I am preparing for the worst.

Example:

I continue to make the current court ordered child support payments and then leave the USA.

6 months later, CP decides that they want more money (I understand that there is a need for substantial change of circumstances), but lets say for talking sake CP is able to get more.

A few attorneys that I have spoken with have said that I have nothing to worry about as long as I do not come back to the USA and I am never *served* an Order which modifies child support upward.

I tend to disagree. I can be served by publication or sewer service IMO.

I am also wondering if an upward modification and all consequences could be imposed upon me in my new country if I were never served in the USA.

BTW, there is nothing in my court order that specifies that I must tell the court where I have moved to.

Since this is the child support forum, please stay on topic. The idea of whether or not my child's ability to see me if I do "x" is not relevant.

Thanks for any info.



ocean

  • Private Reserve
  • SuperHero
  • ***
  • Posts: 5036
  • Karma: 172
    • View Profile
Re: Pay Child Support and Leave USA?
« Reply #1 on: Dec 26, 2015, 02:08:59 PM »
You can still be considered served after a few hearings of you not showing up. They will put an order into the state child support for new amount then it will be up to you to fight it afterwards. Courts will try to serve you by sheriff after a few times of not showing up.

Does your state have an online account so you can log in from wherever and check it every so often?
Does your family court have a online account where you can look up your case by file number and can check if you have up coming court dates?

Are you sure that no where on your child support paperwork states you must give new address. Here that is a normal line for everyone. Why not give them the new address? Or give them a friend address in US that willing to accept mail for you? Or can you forward your mail to new country without address change?

You can also pre-pay the child support account and every week/month the court ordered amount will be given to ex.

At some point, if you are court ordered a higher amount , and only paying the original amount, you will go into arrears which will have some negatives. No US driver's license, taxes taken if you still do them here, go after any accounts here...and depending country go after you there. Not sure but may pull your passport.

MixedBag

  • Global Moderator
  • SuperHero
  • *****
  • Posts: 3048
  • Karma: 155
  • That's Me...MixedBag
    • View Profile
    • http://www.doilyboutique.com
Re: Pay Child Support and Leave USA?
« Reply #2 on: Dec 27, 2015, 08:55:28 AM »
again....great advice.

There are days when I too think "I'm gonna work overseas again" to scratch that itch of having done that before.  though my kids are emancipated and I'm done....and all that wouldn't be a factor.

Ocean gives good thoughts to think about.  Why NOT give a forwarding address....  but I don't think a review will happen so fast unless you go from rags to riches (which can happen if you go work for one of those DOD companies in a hostile area and stuff.....which is not all what it's made out to be).

23ncp

  • New Arrival
  • *
  • Posts: 27
  • Karma: 0
    • View Profile
Re: Pay Child Support and Leave USA?
« Reply #3 on: Dec 27, 2015, 09:35:55 AM »
Thanks for the great advice! Digesting and thinking of how to answer once again.

Appreciated.

23ncp

  • New Arrival
  • *
  • Posts: 27
  • Karma: 0
    • View Profile
Re: Pay Child Support and Leave USA?
« Reply #4 on: Dec 27, 2015, 12:26:47 PM »
You can still be considered served after a few hearings of you not showing up. They will put an order into the state child support for new amount then it will be up to you to fight it afterwards. Courts will try to serve you by sheriff after a few times of not showing up.

Does your state have an online account so you can log in from wherever and check it every so often?
Does your family court have a online account where you can look up your case by file number and can check if you have up coming court dates?

Are you sure that no where on your child support paperwork states you must give new address. Here that is a normal line for everyone. Why not give them the new address? Or give them a friend address in US that willing to accept mail for you? Or can you forward your mail to new country without address change?

You can also pre-pay the child support account and every week/month the court ordered amount will be given to ex.

At some point, if you are court ordered a higher amount , and only paying the original amount, you will go into arrears which will have some negatives. No US driver's license, taxes taken if you still do them here, go after any accounts here...and depending country go after you there. Not sure but may pull your passport.

My State does not offer an online account service where you can check it every so often. You only get statements if you are behind as well. I call periodically and record the DOR advising of my arrearages being zero since I have no alternative. They advise that they are recording me, so that gives me the implicit right to record them as well.

I do periodically peek at the online status of my case since that is available.

I am positive that nowhere on my court order requires that I provide my new address. I am surprised because the more I read, the more this seems to be the status qo.

Are you sure that child support can be prepaid and then doled out at a metered pace everywhere? I thought I'd need to set up an escrow service to have that done. Good idea, I might call DOR to see if that service is available...although I would be a bit leery of trusting them to handle that money accordingly.

Good ideas.

Thanks





23ncp

  • New Arrival
  • *
  • Posts: 27
  • Karma: 0
    • View Profile
Re: Pay Child Support and Leave USA?
« Reply #5 on: Dec 27, 2015, 12:28:43 PM »
again....great advice.

There are days when I too think "I'm gonna work overseas again" to scratch that itch of having done that before.  though my kids are emancipated and I'm done....and all that wouldn't be a factor.

Ocean gives good thoughts to think about.  Why NOT give a forwarding address....  but I don't think a review will happen so fast unless you go from rags to riches (which can happen if you go work for one of those DOD companies in a hostile area and stuff.....which is not all what it's made out to be).

Thanks mixedbag

ocean

  • Private Reserve
  • SuperHero
  • ***
  • Posts: 5036
  • Karma: 172
    • View Profile
Re: Pay Child Support and Leave USA?
« Reply #6 on: Dec 27, 2015, 04:17:03 PM »
In NY, they will only pay the ex what she is owed and the rest stays in the account. My dh has overpaid some weeks just how it works out and then ex is paid the money the following Friday. Not sure how much you can prepay but you can always maybe mail a check for a few months at a time to them to add money to the account. This way you can keep track. Also when you have them on the phone, ask them if they have a password protected account online you can look up. NY , you have to have them mail you a password and then you can see your account.

23ncp

  • New Arrival
  • *
  • Posts: 27
  • Karma: 0
    • View Profile
Re: Pay Child Support and Leave USA?
« Reply #7 on: Dec 27, 2015, 05:21:00 PM »
Ocean, great mutual sharing of thoughts.

I appreciate this.

Thank you very much.

MixedBag

  • Global Moderator
  • SuperHero
  • *****
  • Posts: 3048
  • Karma: 155
  • That's Me...MixedBag
    • View Profile
    • http://www.doilyboutique.com
Re: Pay Child Support and Leave USA?
« Reply #8 on: Dec 27, 2015, 05:54:02 PM »
Newer orders might say you have to provide your address.

Newer laws might actually say you have to provide your address.

Some orders aren't very specific at all.....it's frustrating. 

Wouldn't hurt to make a phone call and ask them -- tell them you got a Christmas bonus and you want to pay in advance because when it comes time for a famine, you'll be ok for Child Support.

I'm not sure how Alabama, WV, OH, or NV would have done this -- we never had that situation.

 

Copyright © SPARC - A Parenting Advocacy Group
Use of this website does not constitute a client/attorney relationship and this site does not provide legal advice.
If you need legal assistance for divorce, child custody, or child support issues, seek advice from a divorce lawyer.