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ScottyMacEsq
ScottyMacEsq, Lawyer
Category: Family Law
Satisfied Customers: 15937
Experience:  Licensed Texas General Practice Attorney
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My husband who is a permanent resident of United States has

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My husband who is a permanent resident of United States has a Canadian child. The child and the child’s mother are citizens of Canada (Montréal area). My husband never resided in Canada; however, he is listed as a father on the child’s birth certificate.
Can the mother of the child file a claim and collect child support from my husband?
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ScottyMacEsq :

Is the child actually in Canada?

Customer :

yes

Customer :

both mother and child are not and have never been residing in US

ScottyMacEsq :

Yes, she can. Canada is a foreign reciprocating country with the U.S. to be able to get child support. The jurisdiction that the support would be claimed in is where the child resides (here, Canada). The U.S. Department of Health and Human Services Office of Child Support Enforcement administers these agreements on the U.S. side. Essentially, under the agreement (which is essentially a treaty), a child support order entered in Canada will be binding on someone residing in the U.S. (citizen or not) as if it were issued by another state.

ScottyMacEsq :

Now the defenses will be similar, in that he can raise constitutional objections, lack of due process, notice, etc... but assuming the order is valid, it can be enforced against him.

ScottyMacEsq :

The payments would be processed through the department of health and human services.

ScottyMacEsq :

Now, if your husband believes that he may not be the father, he could dispute that matter, and require a DNA test. But other than that, the answer to your question is that he can be forced to pay child support to a child in Canada.

ScottyMacEsq :

I know this is probably not what you wanted to hear, but it's the law. I hope that clears things up anyway. If you have any other questions, please let me know. If not, and you have not yet, please select the "accept" button. Thank you, XXXXX XXXXX good luck to you!

Customer :

beeing that we reside in US and she resides in Canada whouldn't she need his inforamtion such as SSN and palce of empluyment?

ScottyMacEsq :

To be able to enforce the order she would, but so long as she could show that she made a diligent effort in finding him to serve him with notice of the petition for child support, she would not need that information to get an order in the first place.

ScottyMacEsq :

If you have any other questions, please let me know. If not, and you have not yet, please select the "accept" button. Thank you, XXXXX XXXXX good luck to you!

Customer :

I see. But to enforce it she needs the information. Would she be able to obtain it through the above mantioned agency or he would actually have to provide it?


The reason I am mentioning it is because she called us and said that some governmental agency will be calling him to verify that he is not providing her with any support. She assured him that it is not about child support but I think it is. What I am trying to find out is if him giving or NOT giving his information will make any difference

Customer :

In other words I know the child support order would be binding. The question is what is the possibility of it actually being collected

ScottyMacEsq :

She might be able to obtain it through the agency. Agencies will help with enforcement, as well as collection and distribution of the funds. Now in terms of what agency is contacting him, he certainly wants to know what the agency is and why they want this information before he agrees to give it. But she could get the support whether or not he told them that he was providing support or not, so this probably wouldn't make any difference one way or the other. In terms of possibilities of getting collected, if there is an order, they can run credit checks, get records from the IRS, etc... to find out where you live and work, and so the possibilities of enforcement (so long as it is through the government, which it would be) would be pretty high.

ScottyMacEsq :

Long story short, he needs to know why they want this information.

ScottyMacEsq :

If you have the ability to record a phone conversation, this would be a good thing to do.

Customer :

the said that the information is so she could get some help (maybe child care i am not sure) as a single mom. However, i am sure that could not be the case since she is making around $100,000 a year, so single mom or not she would not be eligible for any assistance

Customer :

i mean help form the government

ScottyMacEsq :

That's probably true, but hey, it's Canada. Who knows what they consider "poor"...

ScottyMacEsq :

Really, he would want to ask the agency that calls him that question, for what purpose is he being asked this and whether or not it could be used against him in court.

ScottyMacEsq :

But even if they are trying to do this to get this information, they don't need him to say that he is not supporting her or the child.

ScottyMacEsq :

That is, to get an order for child support.

Customer :

So since I don’t think the reason is her seeking government assistance for the child the only other reason that makes sense is child support. Also one last question. The fact that he makes 3 times less then her would not make a diff., right? We also have a baby

ScottyMacEsq :

The court would take into account his income in determining his obligation. Now many times they will also consider the income of the custodial parent, but this is up to the individual jurisdiction. They will also take into account other obligations (such as the fact that you have a baby) and this will reduce any payment that he has to make to her.

Customer :

thanks a lot. It was very informative.

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