My Peruvian ex-husband has cited Law No. 27646, Article 424, which states that "The obligation persists to provide care for the sons or daughters that are single of age eighteen that are studying a profession or trade until age 28;" as grounds that he pay a reduced child support to our 2 year old born in Arizona. Do you know of any case law we can use in my defense to maintain adequate child support for the 2 year old? Thank you.

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Originally Posted by jfreire

My Peruvian ex-husband has cited Law No. 27646, Article 424, which states that "The obligation persists to provide care for the sons or daughters that are single of age eighteen that are studying a profession or trade until age 28;" as grounds that he pay a reduced child support to our 2 year old born in Arizona. Do you know of any case law we can use in my defense to maintain adequate child support for the 2 year old? Thank you.

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Where did he come up with 28? Most places its 18, some places might extend it to college but even then that's typically limited to 4 years and ends at 21 when they are legal adults. Of course what state the support order was issued in matters a great deal.

Is is a legal obligation he pays for a older child somewhere else ( perhaps not in the US) since this is most likely not a US law, since 28 is a unheard of age for support.

But you require proof of said support, or you make a motion to have his motion thrown out since it is not valid in the current case.

I willl assume perhaps he has an attorney and you don't ?

Peru is not a foreign reciprocating country under Hague Convention on the International Recovery of Child Support and Other Forms of Family Maintenance . Thus he is not under obligation to follow American court orders.