Q: Can ilegal immigrant be forced to pay child support legally through the court?
I'm illegal immigrant. My ex wife is citizen. I took care of our son when we were together and gave her money after the divorce. My ex is now threatening me to take me to a court. I love my son and want to support him financially but I don't want to go to court. I'm afraid to be arrested and deported. Can ilegal immigrant be forced to pay child support legally?
A: An illegal immigrant can be forced to pay child support and I see it all of the time. Of course there may be issues in collecting child support from the illegal immigrant, but a parent is still responsible. Consider litigating the issue of child custody if you believe it is in the best interest of the child. It would be unusual for border patrol to show up to court to take an illegal immigrant into custody on a family law court. I have seen and see illegal immigrants show up to family court all the time, and border patrol is not there to arrest them. I would imagine there is some risk, but it may be worth it. If a parent has a warrant or something along those lines (not simply being an illegal immigrant), then I have seen the police arrest people based on having a warrant for their arrest.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
