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N Cal Attorney
N Cal Attorney, Attorney
Category: Family Law
Satisfied Customers: 8093
Experience:  since 1983
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I am an American Citizen married to a Romanian woman 7 years

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I am an American Citizen married to a Romanian woman 7 years now. We have a 7 year old Son together. My wife never achieved her Green Card status as she never had interest in being in the USA. I live and work in Oman, and have the entire time we are married (living abroad). My son was born in romania, but has a US Passport.

We are now in a divorce and i am trying to negotiate a fair child support payment for my son. I do want to care for him. However, my soon to be ex-wife is asking 25% of my salary (the maximum allowable support by romainan law for a single child). This is a substantial amount, more than most family incomes for sure. This would make my son live a very XXXXX XXXXXfe, but also allow my soon to be exwife the ability to never work and care for her second son (not mine, previous marriage). SHe is also asking 100% of the house that we built in romania. That is about 130,000 EURO. According to her, i can only get 25% of that value back. So she gets 75% because 50% is hers, and 25% is my son and 25% is mine. The question is......if we can not agree to a child support, it will go to romanian court. Can she ask legally my salary from my company in Oman or the USA and if the court awards 25% of that salary is this up held in the USA and if i dont pay this what legal implecations do i face in the USA? I understand that romania law for marriage, etc is not recognized in the USA. But i dont want any future problems. Am i resposnible for the Romanian Court Awarded Child Support as an american Citizen?
Submitted: 1 year ago.
Category: Family Law
Expert:  N Cal Attorney replied 1 year ago.
She has aready filed for divorce and child custody in Romania, is that correct?

Do you have an attorney there?
Customer: replied 1 year ago.


Yes, she has filed. Until now we have been negotiating. The divorce date is actually on the 12th (tomorrow) for either of us to accept or not accept the divorce. The Child Support is to follow as i understand, after this court date tomorrow. The hearing for tomorrow is solely for decision on the divorce. it is the first hearing. I will not be in attendance because i do not object to the divorce.

Customer: replied 1 year ago.


No, i do not have an attorney there. As it is as i understand it, romanian law and the first court date was only for objection to the divorce.

Expert:  N Cal Attorney replied 1 year ago.
The Hague Convention of 23 November 2007 on the International Recovery of Child Support and Other Forms of Family Maintenance usually controls the recognition of support orders by foreign courts.

Oman is not a party to that agreement, nor is Romania, see
http://www.hcch.net/index_en.php?act=conventions.status&cid=131

So my opinion is that it would be difficult for her to enforce a support judgment outside Romania. The other Hague Convention on foreign judgments does not apply to family law judgments, so she would have to try to get a U.S. State court where you reside to recognize the foreign judgment in order to enforce it in the U.S.

You can find child support attorneys in Romania listed by location at
http://www.hg.org/law-firms/child-support-and-custody/romania.html

The U.S. Embassy there also provides a list of attorneys, posted at
http://photos.state.gov/libraries/romania/231771/PDFs/Attorney%20List%202013_001.pdf

You may have an objection based on jurisdiction but I do not have all the facts. The Court may be able to order mediation of some issues but you need an attorney in Romania to assist you.

I hope this information is helpful.
N Cal Attorney, Attorney
Category: Family Law
Satisfied Customers: 8093
Experience: since 1983
N Cal Attorney and 2 other Family Law Specialists are ready to help you
Expert:  N Cal Attorney replied 1 year ago.
Thank you for accepting my answer.

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