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Catalana · May 9, 2010, 07:54 AM

My fiancé was removed from the country and therefore lost his job. He has been unable to find a new one in his country. His ex-wife and kids are US citizens and remain in the country. Does he still have to pay child support? In the event he were allowed to return to the US how will this affect the child support issue? Please advise

excon · May 9, 2010, 08:04 AM

Hello C:

His immigration problems do NOT effect his CIVIL problems. Yes, he's still required to pay, and if he doesn't, and returns here, his wages may very well be garnished, as well as his income tax refund, and in some states, he might even be put in jail. In fact, the mother may even be able to enforce the child support agreement overseas.

excon

Fr_Chuck · May 9, 2010, 08:34 AM

His immigration status and nation he lives out, does not change the fact he has a court ordered child support payment. If he does not pay, he is still adding up more back payments due. If he is not working he can petition the court for lower payments.

Owing a lot of back child support may even have an effect on his return legally to this nationn.

The other custody parent can attempt collections even from another nation depending on its laws with the other nation, but often there is little enforcement overseas.