[luana2811]

I need to know something abou the law in the US if a man has a child with a women from US and the man doesn't want to recognise the child... the mother of the child can do something to oblige him? Or make him pay something? And I have to mention that the father is from europe not USA

[CinnamonBrownie]

I imagine we'll need some more information.

I'm guessing (only guessing) that the child is in the U.S. but where is the father currently -- Europe or the U.S.

The short answer is yes, of course under U.S. law the father is going to be obligated to monetary financial support as a general rule.

Enforcing a child support order if the man and *his assets* are in Europe can be a major complicating factor.

In any case the best advice is to obtain a consultation with a lawyer who practices in family law. I hope that helps a little bit.

[J_9]

{moved from Relationships to Family Law}

[luana2811]

Yes the father is in Europe and the child in US... and I think the situation is more complicated..

[luana2811]

So if the father is in Europe, the mother of the child can still oblige him to pay something? The father never recognised the child an he is not on the birth ceertificate

[CinnamonBrownie]

Ok, this is a little more clear now. Without being a lawyer, my understanding is that you're going to have to prove to the court's satisfaction that the man in question is the father. How that works for sure might be beyond the knowledge of anyone but a local (to wherever you live) attorney. I know there are some others on here that have pretty solid experience dealing with the legal system, although they probably aren't attorneys -- hopefully someone will see this soon and offer some more details, too.

But basically if you want child support/financial support, and he isn't paying you anything (sure sounds like you haven't seen a thin dime yet), you're going to have to sue him to obtain a child support order. The good news is that U.S. laws have generally grown very favorable toward the rights of mothers/the custodial parent. The big issue that would be on my mind, though, is how the legal system will demand that you establish that he is the father. Since he's not on the birth certificate and apparently hasn't admitted to being the biological father, that's the first question I'd ask your lawyer. Of course the second question on your mind, and probably the first on the attorney's mind, is what assets this man has available that will be reasonably easy to collect.

After all, even if you get the order from the court, the court isn't going to pay you, he is. Does he have assets available in the U.S. Or is everything in Europe?

[CinnamonBrownie]

One other thing occurred to me. One place you might want to start is to contact your local Child Support Enforcement Agency. Many states (all states?) have local agencies that basically hunt down the non-custodial parent's assets *for you* these days. As a practical matter you may want to call them first especially since they don't bill you $200 an hour. :) It's something to think about.

If you tell me your general location (like city, state) I'll see if I can Google up a phone number or something for you.

[luana2811]

Everything in Europe... nothing in US

[luana2811]

I live in Miami thank you verry much

[luana2811]

Can I convince him some way legally to make a DNA test if he doesn't want ?

[ScottGem]

So you are saying you are currently in Europe? If you want our help you after to give the full facts. Are you the mother or the father? Has the child been born yet or is the mother just pregnant. Do you actually live in Europe or were just visiting?

The real facts are as follows. If the mother wants support from the father, then she will have to file in a local court for custody and support. The court will require that a paternity test be done to confirm paternity. Only after paternity is determined will a court order support. That process should be standard in just about any western country.

However, the details will vary. For example what court is chosen to file in depends on where the child is/was born. Or where the mother officially resides.

Please use the Answer options below to post follow-up (not the Comments).

[luana2811]

Well... I am the mother and I live in US , my dauther has already 2 years old, she was borned here in US

[CinnamonBrownie]

Ok, it sounds like you're in Miami-Dade County then.

County of Miami Dade: Child Support Enforcement Division
100 South Biscayne Boulevard, Miami, FL 33131-2027
(305) 530-2600

I'd call that phone number during business hours tomorrow and just explain your situation to them. They're going to be involved in this at some point anyway if you go to court and so there's a great chance you're going to get some great direction and advice right over the phone.

[CinnamonBrownie]

"Can I convince him some way legally to make a DNA test if he doesn't want ?"

If he lived in the U.S. the court could just order it. Obviously him not being in the United States is a practical stumbling block. :) That's a question that either a family law attorney in your area would have to answer, or if I were you I'd run it by the Miami-Dade County Child Support Enforcement Agency. Since they collect money on behalf of people like yourself they probably know something. That's my opinion.

[luana2811]

Thank you very much... I apreciate it

[Fr_Chuck]

OK, Luana, you have been asked but to be clear, STOP using the comment feature that is not the proper use of that feature. Answer the question to add more info

So you already have filed a motion and have a court order for child support? If not your first stop is an attorney

[ScottGem]

Again, Please scroll down to the bottom of the page and use the ANSWER options. Do Not use the COMMENTS.

Now which is it? First you say everything is in Europe then you say you live in FL. Did you meet the father in the US?

If the child was born in the US and you are a resident of Fl then you need to file for support in a local court. The court will issue an order for a paternity test, but its likely you and then will not be able to serve it. Talk to the support agency as linked to.

[GV70]

I and i have to mention that the father is from europe not USA

It depends on where he lives... For example France,Austria and Germany DO NOT recognize American orders

so if the father is in Europe, the mother of the child can still oblige him to pay something? the father never recognised the child an he is not on the birth ceertificate

Probably yes.

The good news is that U.S. laws have generally grown very favorable toward the rights of mothers/the custodial parent.

The bad news is that orders issued in the USA are not enforceable in the European Union.

Can I convince him some way legally to make a DNA test if he doesn't want ?

The easiest way is to file a paternity suit in Europe.

The real facts are as follows. if the mother wants support from the father, then she will have to file in a local court for custody and support. The court will require that a paternity test be done to confirm paternity. Only after paternity is determined will a court order support. That process should be standard in just about any western country.

Agreed.
I can see one problem here.Having said the father is not an American citizen and he does not live in the USA,then he is not under American jurisdiction.
A Fl court cannot order him to submit a DNA test and a default order will be without legal matter in Europe.

[luana2811]

OK so I can't do anithyng to submit for a DNA test because this will be without legal matter in Europe..

[ScottGem]

ok so I can't do anithyng to submit for a DNA test because this will be without legal matter in Europe..

That's not what we are saying. You still want to file to get it on record that you have applied. You want a standing order to serve on him should he return to the US. He may be in or move to a country that has reciprocal agreements with the US. While your chances are not great in ever getting support from him, you still need to make the effort!