Child support can be complicated, regardless of where each parent lives. However, when child support issues cross country borders or oceans, this process may be even more involved. Here’s everything you need to know about international child support laws in California.
Foreign Child Support Laws: The Basics
International families going through separation must deal with foreign divorce and separation orders, foreign child custody and visitation orders, and foreign child support orders. Within the State of California, there exists a legal process to help parents register and enforce foreign child support orders under the Uniform Interstate Family Support Act (UIFSA). This legal process stems from the International Convention on the International Recovery of Child Support and Other Forms of Family Maintenance. The purpose of this convention was to ensure that international recovery of child support would be effectively managed and enforced, as well as establish effective measures to ensure proper decision-making. Most countries agree to the regulations and terms outlined by this Convention, which means that California will recognize foreign child support orders and enforce them, as if the foreign order were issued by California courts.
The Hague Convention
The purpose of this convention is to provide the means to decide whether or not a child will be returned to the country of their habitual residence. For parents and children in this situation, the Convention applies to any child under the age of 16. International custody disputes involving non-signatory nations present more complicated legal issues, and may require legal action and application of the Uniform Child Custody Jurisdiction Enforcement Act (UCCJEA).
Related: Family Code Section 3400: UCCJEA in California
Countries Enforcing International Child Support Orders
There is an expansive list of countries that have agreed to help enforce U.S. child support orders. These countries agreed with the United States federal government to enforce child support orders when a parent in question lives in that particular country. If a child’s other parent lives in a country that has not agreed to these provisions, then it is important that their custodial parent works with the state’s child support agency. It may also be helpful to receive the advice and guidance of an experienced family law attorney for this step, as they will typically have key resources for contacting offices abroad and enforcing their child support agreement.
In California, if a parent is seeking to claim child support under a foreign child support order, then the first key step in doing so is the request to register the foreign order by filing a Letter of Transmittal Requesting Registration. Once registration is completed, that same parent is responsible for providing notice to the other parent that this registration is under process.
FAQs About International Child Support Laws in California
If I owe child support, will I be able to leave the country?
Due to the event that many parents will try and intentionally leave the country to avoid paying child support, the United States has a restriction regarding passports for anyone who owes past-due child support. The only resolution for a revoked or denied passport application is to pay the full amount of child support that is owed.
What if I live abroad and need to seek child support from the other parent living in the U.S.?
If you are currently living abroad but your child is a U.S. citizen, it is important that you contact the child support agency that the parent who owes child support lives in. It is also important to note that you must contact the individual state office, as child support laws may differ between states.
Will the Court allow for an international relocation of the child?
As California courts have instilled in their jurisdiction with any other matter, the most important thing they will take into consideration is the best interests of the child. If a child’s parents are unable to come to an agreement on their own, the courts will help ensure that child support is still enforced and will determine whether or not relocation is best for the child. Factors that the courts may take into consideration in this decision include the cultural conditions and practices in the proposed country, visitation challenges that may arise for the parent residing in the United States, and whether or not the proposed foreign country is a signatory to the Hague convention.
Related: Child Custody Relocation Laws in California
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