Syracuse International Child Support Lawyer

New York attorney handles complex cases for Onondaga County parents

Child support orders can be difficult to enforce when both the parent obligated to pay and the recipient live in the same state, but what happens when one of them moves overseas? Although that might seem an insurmountable obstacle, the law allows you to enforce most child support orders in a foreign country. At Bombardo Law Office, P.C., in Syracuse, I am experienced in successfully enforcing child support orders across international borders.

What is international child support?

International child support is the ability of a court to grant, modify or enforce child support that affects a child or obligor residing in a foreign country. It might, for instance, affect parents living in different countries or a custodial or non-custodial parent who removes a child to a foreign country. Establishment and enforcement of orders may be affected by the Hague Convention on International Child Support and bilateral treaties, as well as the laws of the country where the ruling on child support was made.

How international child support is determined

In calculating the amount of international child support, the court may take into consideration such factors as:

• The applicable child support laws
• The income of the parents in each country
• Cost of living differences between the two countries
• Other standard of living issues
• The child’s medical, educational and other needs

The specific factors the court considers in calculating child support will largely depend on local law.

Legal challenges in international cases

International child support cases can involve a variety of complex issues, including the determinations as to which country’s law applies and where the case will be held. Even locating a parent abroad and gathering evidence can be difficult, especially in countries where cooperation with American authorities is less than ideal. Verifying foreign income and adjusting for currency exchange rights might also present challenges. In these situations, you need an experienced international child support lawyer to guide you through the legal minefield.

Enforcement of international child support

State courts have the authority to enforce foreign child support orders against their citizens through the Hague Convention and the Uniform Interstate Family Support Act (UIFSA).  A U.S. court’s child support orders may be enforceable in foreign jurisdictions through the Convention or bilateral treaties. The Hague Convention clarifies which court has jurisdiction over enforcement, compels recognition of applicable child support orders in signatory countries and gives the recipient parent access to child support enforcement services in the obligor’s country.

Modifications in international child support cases

It’s also possible for a court to modify a foreign child support order. The framework for filing the modification application is set by the Hague Convention, but the procedure for obtaining modification of a U.S. order is governed by the UIFSA. An order will take precedence if the court issuing it has personal jurisdiction, if the order is enforceable by that court, and is not manifestly against the public policy of the state or country in which modification is sought. The decision to modify must be consistent with the issuing country’s law. Therefore, the relocation of either parent will not likely change the modification standards. Due to these complexities, you will need the assistance of a knowledgeable international child custody lawyer to pursue modification and enforcement  proceedings involving another country.

Frequently asked questions

Can child support be enforced internationally?

Yes.  There are means by which you may enforce a child support order in a country other than your own. If a country is a signatory of the Hague Convention on International Child Support or has established a bilateral treaty with the United States on reciprocal child support enforcement rights, there is a legal framework to pursue payment.

What if a parent moves overseas to avoid child support?

A child support order issued by a court with the jurisdiction to issue it can still be enforced against that parent.

Does the Hague Child Support Convention apply to all countries?

No, it only applies to countries that are signatories to the Convention. In addition, the United States has refused to recognize child support orders of countries that do not have an effective means of enforcing U.S. support orders in their courts.

Contact a New York family lawyer regarding your international child support issue 

Bombardo Law Office, P.C., in Syracuse assists clients throughout Central New York with international child support matters. To schedule a consultation, please call 1-315-488-5544 or contact me online.