Q: Can a foreign alimony order for lifetime alimony from Costa Rica be enforced in Washington State?
I have been married 5 years and am considering applying for divorce in Costa Rica where my wife lives. We got married in CR and she moved to the USA afterwards, and is now a LPR. However she returned to CR and doesn’t want to return to the USA. We do not have children. If they award her lifetime alimony in our divorce in CR, or a large monthly payment amount, can this be enforced in Washington State? How difficult would this be? Are there any treaties between the USA and CR that would apply, such as the Hague Convention?
Last, if the order was domesticated and enforced in Washington, could I contest the order from here, based on the premise that she wouldn’t have received lifetime alimony here, or would I have to contest it in Costa Rica?
A:
The enforcement of a foreign alimony order, such as one from Costa Rica, in Washington State can be complex and may depend on various factors. Here's some information to help you understand the situation:
1. Treaties: The United States and Costa Rica do not have a specific bilateral treaty regarding the enforcement of alimony orders. However, both countries are signatories to the Hague Convention on the Recognition and Enforcement of Decisions Relating to Maintenance Obligations (2007), which could potentially apply to your case.
2. Enforcement: To enforce a Costa Rican alimony order in Washington, the order would first need to be domesticated or registered with a Washington court. This process typically involves filing a petition with the appropriate court and providing certified copies of the foreign order along with translations if necessary.
3. Contestation: Once the order is registered in Washington, you may have the opportunity to contest it based on certain grounds, such as a lack of jurisdiction, fraud, or a violation of due process rights. However, contesting the order solely on the basis that lifetime alimony would not have been awarded in Washington might be difficult, as courts generally defer to the laws of the jurisdiction where the order was issued.
4. Modification: If you believe the alimony order is excessive or inappropriate, you may need to seek a modification in the Costa Rican court that issued the original order. Washington courts may have limited ability to modify a foreign alimony order unless both parties consent to the modification and the Washington court has jurisdiction over both parties.
Given the complexity of your situation, it is highly recommended that you consult with an experienced family law attorney who has knowledge of international divorce and alimony matters. They can provide more specific guidance based on the details of your case and help you navigate the legal process in both Costa Rica and Washington State.
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