Every year there is an increase in the number of couples who separate if not married, or file a petition for divorce if they are married. In any way, as result of the separation, usually the little ones are who suffer the most from being separated from their parents. Indeed, the parent who does not have primary custody of the minor will have right to visit with his / her child. However, with respect to kids, rights come together with obligations. One of the most important ones; provide for the financial support of the child. Commonly known as Child Support.
The legal obligation of providing child support is inherently obligation of both parents. Thus, such obligation does not disappear simply because one of the parents is living and working in a different country. What many people ignore is that there are mechanisms under Private international law that may allow you to file a petition for child support in one country, and thereafter file a petition in another country in order to enforce the order for child support. The above, may be necessary because it might be the case that the child and parent in custody live in one country, while the other parent works and lives in another country and does not pay any support.
For example, if you live in Mexico, and the father or mother lives in USA, you or your lawyer may file a petition for child support based on Mexican family law, and after obtaining that order, you can file a petition for child support based on US law.
Vice versa, If you and your child live in the US, and the father or mother lives in Mexico and does not provide any support, it is possible to file a petition under Mexican Law to force the other parent to comply with this obligation.
Every case is different of course, and therefore, it is necessary that you consult with an expert in order to get the best legal advice for your case. Call us now and we will find the right answer for you and child’s best interest.