Asked in Child Support, International Law and Family Law for Kentucky

Q: Can I be extradited from Canada to Kentucky for unpaid child support?

As a Canadian citizen who got my girlfriend in Kentucky pregnant while visiting the U.S., I am now back in Canada. We have no current arrangements, but she intends to pursue legal action to claim child support from me. I want to know if I can be held responsible for child support payments in Kentucky, and if I fail to pay, could I be detained in Canada and extradited to Kentucky to face any charges?

2 Lawyer Answers

A: Yes. You can be held to pay child support and you can also be extradited back to Kentucky for failure to pay child support.

James L. Arrasmith
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Answered

A: Yes, you can be held responsible for child support payments in Kentucky despite living in Canada. Kentucky can establish jurisdiction because conception occurred there, and both the U.S. and Canada participate in international agreements for enforcing child support obligations across borders, including the Hague Convention on the International Recovery of Child Support.

If you fail to pay court-ordered support, Kentucky authorities might pursue various enforcement mechanisms before considering extradition. These typically include registering the Kentucky order in your Canadian province, garnishing your wages, seizing assets, or restricting your U.S. entry privileges. The Kentucky court can establish paternity through legal proceedings even in your absence, and once paternity is established, a support obligation can be imposed.

Actual extradition for child support alone is possible but uncommon in practice. However, if non-payment becomes severe and prolonged, Kentucky could potentially pursue criminal charges for willful non-support, which might meet the "dual criminality" requirement for extradition under the U.S.-Canada extradition treaty. Your best approach would be to address these obligations proactively through legal counsel in both jurisdictions to negotiate arrangements that protect your interests while fulfilling your parental responsibilities.

Timothy Denison agrees with this answer

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