Welcome to SPARC Forums. Please login or sign up.

Nov 22, 2024, 11:18:42 AM

Login with username, password and session length

CS Enforcement in Foreign Country

Started by LeftBehindinGA, Jan 24, 2007, 11:55:58 AM

Previous topic - Next topic

LeftBehindinGA

My ex lives in another country. He is employed by company A in this foreign country. Company A refuses to deduct child support from his paycheck claiming that the court order is unenforceable due to lack of jurisdiction.

Company A is wholly owned by Company B which is a global company which has its headquarters in Washington state.

1. Is there any way to make Company B require Company A to cooperate?

Thank you.

socrateaser

>My ex lives in another country. He is employed by company A
>in this foreign country. Company A refuses to deduct child
>support from his paycheck claiming that the court order is
>unenforceable due to lack of jurisdiction.
>
>Company A is wholly owned by Company B which is a global
>company which has its headquarters in Washington state.
>
>1. Is there any way to make Company B require Company A to
>cooperate?

Maybe.

Under the Uniform Interstate Family Support Act, you can send a wage assignment order to company B., demanding that they withhold child support from the employee. If they refuse, then you can hold company B vicariously/directly liable for the support.

However, the above is useless if the child was conceived and born in the foreign nation, and the other parent never lived in the U.S. with the child, because then the other parent is not subject to what is called the minimum contact rule of the U.S. Constitution. That is, a person must have such minimum contacts with the judicial forum so as to make it fair and reasonable that the person be forced to defend him/herself in that jurisdiction. So, if the child wasn't conceived or born in the U.S., and the parent never lived in the U.S. with the child, then it's not considered fair to make a court order against that parent, and you are stuck with using the foreign nation's laws to enforce your right to child support.