How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask socrateaser Your Own Question

socrateaser
socrateaser, Lawyer
Category: Family Law
Satisfied Customers: 34141
Experience:  Retired (mostly)
10097515
Type Your Family Law Question Here...
socrateaser is online now
A new question is answered every 9 seconds

My husband & his ex-wife got a divorce in 2006 in Germany.

Resolved Question:

My husband & his ex-wife got a divorce in 2006 in Germany. They are both American citizens. The divorce was granted but no child support was determined. The ex-wife would have had to file paperwork in the German Family Court for a child support amount. She did not do this. My husband wanted to take care of his child. He has paid $1000 for a few months following the divorce, and has continued to pay $800 per month since then. He has just stopped the allotment since she turned 18 in Jan 2010 & graduated from high school in May 2010. Is there any legal issues? We live in Texas & the child lives in Mississippi with her mother. The child is not going to any other schools. We were wondering if he still has to continue to pay any kind of amount? I appreciate any information on this issue.
Submitted: 4 years ago.
Category: Family Law
Expert:  socrateaser replied 4 years ago.

If there was no German child support order made, and more important, none requested by either party, then the jurisdiction in which the obligor/paying parent resides when the first child support order is made would control the duration of child support -- unless the paying parent submits to the jurisdiction where the other parent and child reside.

 

If your husband is sued for child support in Mississippi, he must be VERY careful to not inadvertantly submit to Mississippi jurisdiction, or he can be held to a child support obligation until the child is 21 years of age, under MIssissippi law.

 

Avoiding personal jurisdiction is tricky, so if he's sued, he needs to hire a Mississippi lawyer to "challenge personal jurisdiction." For a family law attorney referral, see: http://www.abanet.org/legalservices/lris/directory/main.cfm?id=MS and www.martindale.com.

 

Hope this helps.

 

Terms and Conditions: By your continuing in this conversation with me, or by your clicking “Accept”, you are expressly agreeing to all of the following: (1) our communication is for entertainment purposes only; (2) you are not consulting me in my professional capacity as an attorney; (3) you do not seek to establish an attorney-client relationship with me, nor do I with you; (4) you will not rely on anything I say and you will obtain appropriate legal counsel via a traditional/office consultation with an attorney licensed to practice in the jurisdiction where your legal issue arises (and you may not use our communication to avoid taxpayer penalties imposed by the U.S. Dept. of Treasury); (5) by communicating with me in this public forum you are irrevocably waiving any right to privacy, confidentiality and attorney-client privilege concerning the matters discussed. You further separately declare that any payment made by you is not consideration for this contract, nor offered for any services rendered by me on your behalf, but rather is made in genuine admiration and respect for my desire to help others. If you do not agree with these terms and conditions, then you must advise me immediately.

Customer: replied 4 years ago.

Should he file the divorce paperwork from Germany in the state of Texas? Would this establish jurisdiction so we do not have to continue to pay child support?

Expert:  socrateaser replied 4 years ago.
That will do nothing. The issue is whether or not the German judgment addressed child support at all. If it did, then the law of Germany will control when child support ends. Otherwise, the only thing you need the German judgment for is to prove that the judgment did not make any child support orders.
Customer: replied 4 years ago.

One more question: This is quoted from his divorce decree. "The parties have not filed any motions regarding the custody of the minor child. The parents declared that they are in agreement as to the continuance of parental custody and child visitation." I tried to talk to an attorney today (Texas) and she secretary/law clerk stated that we are not able to file in Texas since the child is in Mississippi. Is this correct?

So do you think the best advice is to file here in Texas before she is able to file in Mississippi? We are leaning towards this way. I sure do appreciate all the help & information.

Expert:  socrateaser replied 4 years ago.

I tried to talk to an attorney today (Texas) and she secretary/law clerk stated that we are not able to file in Texas since the child is in Mississippi. Is this correct?

 

A: There is nothing to file. It's up to the other parent to try to get your husband to pay. If she wants to do that, she will have to do it in MS, because in TX, her time has run out, as the child is too old to receive support. This puts you back where I already explained: if you are sued in MS, then you need to hire a lawyer to challenge personal jurisdiction. If the court agrees, then the case will be dismissed, and that will be the end of the matter forever.

 

DO NOT TRY TO ANSWER A CHILD SUPPORT COMPLAINT ISSUED FROM A MISSISSIPPI COURT YOURSELF. If you do, and you screw up your challenge, your husband will be stuck with a support award until the child is 21.


So do you think the best advice is to file here in Texas before she is able to file in Mississippi?

 

A: There is nothing to do -- it's up to the other parent to start a case against your husband. If that doesn't happen, then your husband can just go about his life.

 

Best of luck.

socrateaser, Lawyer
Category: Family Law
Satisfied Customers: 34141
Experience: Retired (mostly)
socrateaser and other Family Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
< Last | Next >
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
 
 
 

Meet The Experts:

 
 
 
  • Ely

    Counselor at Law

    Satisfied Customers:

    8085
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
< Last | Next >
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    8085
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Attorney and Counselor at Law

    Satisfied Customers:

    6424
    27+ years legal experience. I remain current in Family Law through regular continuing education.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Lawyer

    Satisfied Customers:

    6336
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    5987
    I provide family and divorce law advice to my clients in my firm.
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    5773
    JD, 15 years legal experience including family law
  • http://ww2.justanswer.com/uploads/BrianTMayer/2010-01-06_200119_BM.jpg Brandon M.'s Avatar

    Brandon M.

    Family Law Attorney

    Satisfied Customers:

    3810
    Attorney experienced in all aspects of family law
  • http://ww2.justanswer.com/uploads/TU/TUSA/2012-6-6_55219_test.64x64.png Thoreau (T-USA)'s Avatar

    Thoreau (T-USA)

    Lawyer

    Satisfied Customers:

    2634
    Attorney