Denver, CO asked in Family Law, Child Custody, Child Support and International Law for Colorado

Q: What are my options

What can I do?

My husband is in the UAE. We have a house in Florida. Me and our 2 kids have been living in Colorado for almost 2 years. He refuses to pay child support and our kids and I have gone through a major life style adjustment. He said in an email that if agree to his terms, which are he gets the house, and he pays me only what he would make in the US (He makes about $8k overseas) to which he would try to make that as little as possible, and I can have full custody of the kids, That he would pay as described. What can I do? There has to be something I can do federally. He refuses to come to the states to avoid child support, alimony or anything else

2 Lawyer Answers
Tristan Kenyon Schultz
Tristan Kenyon Schultz
Answered
  • Divorce Lawyer
  • Fort Collins, CO
  • Licensed in Colorado

A: Family law is exclusively state law. There is limited international enforcement of custody, kidnapping, and other matters, but these are very rarely utilized. You can seek a court order in Colorado which can establish support if you ex ever re-enters the US or is a US citizen/resident. However, if your ex is making 8K a year, the support (if any) would be very low (i.e. less than $100 a month). Colorado does favor 50-50% custody, but in an international context (esp. with a concern that the children might not be returned), it is possible that you could get sole custody without the father's consent. Another option is to do nothing.

I cannot discuss the specifics of your ex's offer, but I will comment that asking for a house in exchange for functionally disappearing as a father is a raw deal. In Colorado (and every other state), he could at a later time ask for visitation despite some email agreement.

Contact a family lawyer directly who can review you situation and explain in detail the benefits and risks of any approach.

Stephen J. Plog
Stephen J. Plog pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Divorce Lawyer
  • Tampa, FL
  • Licensed in Colorado

A: You need to consult with an attorney. There are too many facts and variables that need to be discussed before anyone can give you appropriate, well thought out answers. With you and kids being in Colorado, Colorado clearly has jurisdiction for custody purposes. Colorado can also get you a divorce. However, there are some concerns I have related to personal jurisdiction over him. If he has never lived in CO and has nothing to do with CO, CO might not have personal jurisdiction over him to the extent that it can issue orders regarding property, alimony, and child support. More information is needed to assess your case. If you are in Colorado at his direction or doing that may be a different story. If he is in UAE then giving you custody is not a real concession, as the kids are with you anyway. Additionally, even with him being in UAE, if he works for an American company, or even a company doing business in the US he may still be garnishable once orders are entered for alimony or child support purposes. Serving him in UAE could be somewhat tricky, though not impossible. Again, you need to consult with an attorney.

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