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
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.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- Colorado
- (813) 592-5000
- View Profile
- Answered
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.
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.
