Hi all,
I am just about to start an uncontested divorce with my wife, who lives in Eastern Europe with our child. We agree on everything and we'll sign paperwork soon, we have lawyers involved etc. In her country they don't have "imputed income", so if my income fluctuates I feel I'll get more fair treatment by the court. However I'm concerned about what happens if she moves to the USA (she's a dual citizen).
I read the text of the UIFSA very carefully and have some questions:
1. If she and the child move to the USA, she can file for a modification even if there is no particular reason for the modification, can't she? Next, via modification can she get the US court to take jurisdiction and overrule the original support order from the foreign court? (In this scenario I would also be living in the USA)
2. If the US court takes exclusive jurisdiction as above, granting a modification, then the original foreign support order would no longer be applicable. In this case I would be subject to the imputed income rules imposed by US courts. Correct?
3. This particular country's court says you have to pay child support until age 27 (!) to help with college. According to UIFSA, the original duration won't change even if a US court changes the amount. So I'm concerned I will pay a US percentage (and deal with imputed income) until she is 27, that's one way this could possibly go.
4. The country in question is not a Hague signatory, nor do they have a bilateral support agreement with the US. The UIFSA recognizes a "state" to mean "country" if that country has an agreement with the US, but otherwise not. Therefore it seems possible that the US courts won't recognize the original foreign support order regardless. So she could turn around and file for a new support order at any moment in US court even while living abroad with the child, unless I'm mistaken. Any thoughts?
5. Let's say I make an agreement with her in the foreign court to pay a certain fixed amount, and I pay it for the next several years. This is a likely scenario. Later, can she move to the US and tell the US court that I never paid, or that the amount I paid was too low all those years, even though she agreed to it? (There is some specific wording required for waiving minimum child support guidelines in US states, but it's not required wording in the country in question, however I'm concerned about future scenarios where I could become liable for years of support arrearages which I had already paid in full.)
It seems like there's no way out of imputed income. I really want to switch careers in the coming years, but I won't be able to earn the same amount every year consistently. I really hate that judges in the US can practically force me to continue my current career even if it makes me miserable, for 2 decades or more. Help!
Thanks for any thoughts and assistance!
I am just about to start an uncontested divorce with my wife, who lives in Eastern Europe with our child. We agree on everything and we'll sign paperwork soon, we have lawyers involved etc. In her country they don't have "imputed income", so if my income fluctuates I feel I'll get more fair treatment by the court. However I'm concerned about what happens if she moves to the USA (she's a dual citizen).
I read the text of the UIFSA very carefully and have some questions:
1. If she and the child move to the USA, she can file for a modification even if there is no particular reason for the modification, can't she? Next, via modification can she get the US court to take jurisdiction and overrule the original support order from the foreign court? (In this scenario I would also be living in the USA)
2. If the US court takes exclusive jurisdiction as above, granting a modification, then the original foreign support order would no longer be applicable. In this case I would be subject to the imputed income rules imposed by US courts. Correct?
3. This particular country's court says you have to pay child support until age 27 (!) to help with college. According to UIFSA, the original duration won't change even if a US court changes the amount. So I'm concerned I will pay a US percentage (and deal with imputed income) until she is 27, that's one way this could possibly go.
4. The country in question is not a Hague signatory, nor do they have a bilateral support agreement with the US. The UIFSA recognizes a "state" to mean "country" if that country has an agreement with the US, but otherwise not. Therefore it seems possible that the US courts won't recognize the original foreign support order regardless. So she could turn around and file for a new support order at any moment in US court even while living abroad with the child, unless I'm mistaken. Any thoughts?
5. Let's say I make an agreement with her in the foreign court to pay a certain fixed amount, and I pay it for the next several years. This is a likely scenario. Later, can she move to the US and tell the US court that I never paid, or that the amount I paid was too low all those years, even though she agreed to it? (There is some specific wording required for waiving minimum child support guidelines in US states, but it's not required wording in the country in question, however I'm concerned about future scenarios where I could become liable for years of support arrearages which I had already paid in full.)
It seems like there's no way out of imputed income. I really want to switch careers in the coming years, but I won't be able to earn the same amount every year consistently. I really hate that judges in the US can practically force me to continue my current career even if it makes me miserable, for 2 decades or more. Help!
Thanks for any thoughts and assistance!