Brooklyn, NY asked in Child Support, Divorce and Family Law for New York

Q: Can my foreign father be served to pay back child support he never paid?

My mother (who is from the United States) divorced my father (who is from Mexico) by herself in the before I was born. They were married for at most 4-5 months. My father left the country to return to Mexico and never returned to the United States, and never paid my mom anything in child support ever. He now lives in Spain. I am over 18 now but am wondering if we are still able to get justice for this situation.

1 Lawyer Answer
James L. Arrasmith
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A: Yes, your father can potentially be served to pay back child support he never paid, even if he lives abroad. The United States has agreements with certain countries, including Spain, for the enforcement of child support orders. If there was a child support order issued by a U.S. court, you may be able to enforce that order in Spain. However, the process can be complex and time-consuming, involving international law and the cooperation between foreign jurisdictions.

Since you are now over 18, the statute of limitations in the relevant jurisdiction will also be a critical factor in determining whether you can still collect the unpaid child support. You should consider consulting with an attorney who has experience with international child support cases to evaluate the feasibility of pursuing this matter. They can guide you through the process and help you understand the potential challenges and costs involved.

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