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Can non-US citizen/resident mother of American-born child collect child support from father living in IL?
Mother was in US (Illinois) on temporary work visa and met Father, also a foreign national but permanent (?) legal resident. (They are not citizens of the same country.) They dated but never married, and had a child who was born in Illinois.
When Mother went back to her home country, she took the child with her but Father stayed in IL, promising to support child by sending money to Mother in her home country. Father sent payments the first several months and even went to visit once, where he took Mother and child shopping for necessities.
Then, Father apparently found a girlfriend in IL and stopped sending payments. It's been over a year and Mother has continued to ask him to send money. Mother and child struggle even to buy bare necessities.
Does Illinois or U.S. law allow Mother to collect child support payments from Father?
(Any citations of US or IL law would be extremely helpful.)
3 Answers
- nuff saidLv 61 decade agoFavorite Answer
no because the child while being born here is no longer under U.S. jurisdiction. neither adult party involved will fall under U.S. civil and family court laws. She will have to go to court in her country first, then show an order. but then the father could be deported as well By the INS. Any criminal or civil action against a resident alien could be grounds to deport him. Bottom line, she should have never left the country.
Source(s): n. - rickinnocalLv 71 decade ago
Since the child was born in Illinois, and the father still lives there, an Illinois court will order child support payments, yes.
The primary US agency for enforcing child support obligations across borders is the DHHS Office of Child Support Enforcement. I have listed their website below, they're a great source for information.
Richard
Source(s): http://www.acf.dhhs.gov/programs/cse/ - smartLv 45 years ago
If paternity has no longer been generic, there is not any evidence of him fathering the toddler. The courts desires evidence of paternity previously ordering toddler help. the toddler replaced into born out of wedlock, so logically, a DNA finding out is mandatory to ascertain paternity previously help is ordered. think of approximately it; all and sundry would desire to hence declare toddler help by using only naming a father - with out evidence. The courts won't be able to award help in line with rumour.
