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How do I determine the appropriate monthly child support for

a 3 year old, born...
How do I determine the appropriate monthly child support for a 3 year old, born in NY, NY / USA currently living with his mom in Chile who has both Nationalities?
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Answered in 16 minutes by:
4/3/2013
lucy7368
Category: German Law
Satisfied Customers: 30,986
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Hi,

My name is XXXXX XXXXX I'd be happy to answer your questions today.

If the mother were to seek child support in the New York courts, the father would be ordered to pay 17% of his gross income. This booklet her more information, and page 22 has a worksheet that can help you get a specific amount.
https://www.childsupport.ny.gov/dcse/pdfs/cssa_2013.pdf

The mother would need to come to New York to ask the judges to enforce a Chile support order. If she would get more by filing in New York, she is allowed to do that. That is most likely what would happen, because it's easier than having court proceedings in two different countries. That figure - 17% - might be a starting point for negotiations if the parents wish to resolve the issue without going to court.

If you have any questions at all about what I've written, please reply so that I may address them. It's important to me that you are 100% satisfied with the service I provide. Otherwise, please rate my service positively so that I get credit for helping you today. Thank you.
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Customer reply replied 4 years ago

Thank you Lucy, so NY law applies, even though the child and the mom have left NYC within 3 months after giving birth? And 17% of the dad's gross income would be ordered independently of the mothers income / earnings in Chile?

The New York court will always apply New York law, so if that's where the case is brought, yes, most non-custodial parents pay 17% for one child. There are some adjustments the combined incomes of the parents is over $136,000. If that might apply to you, take a look at the handbook.
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Customer reply replied 4 years ago

OK, I do understand that NYC courts will apply NY law, but what allows you to go to court in NY if you do not actually live there? Is German law also applicable then (technically, the child could have a German citizenship)?

Are you saying that the father doesn't live in New York, either?
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Customer reply replied 4 years ago

Yes, both have been living and working in NYC but moved soon after the child was born: the Mum and the child to Chile (both have US and Chilean citizenship) and the dad to Germany (German citizenship only).

I'm sorry, I misunderstood.

Child support and citizenship are entirely different things. Child support is based on state law, and citizenship is federal. A NY state family court judge only would decide support - and would only direct the order at a person living in that state. If both parents and the child have left the United States, the U.S. has no interest in deciding child support (and no ability to enforce an order). The New York courts wouldn't decide the case, because they have no jurisdiction over a man living in Germany. The mother would have to seek a support order in Germany, and German law would apply.

If she got an order in Chile, again, she would have to go to Germany to enforce it under the general principles of international law. But I am not an expert in either Chilean or German law. I apologize - your question was misdirected to the U.S. legal categories. I'll see if there is a German expert who can help.
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Customer reply replied 4 years ago

All right, great! Let's see what the German expert says!

Fran-mod
Category: German Law
Satisfied Customers: 48
Verified
Hello,

I am a moderator with JustAnswer and will be looking for a German legal professional for you. Thanks for your patience.
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legal eagle
legal eagle, Attorney
Category: German Law
Satisfied Customers: 17,214
Experience: 20 years of experience in all kinds of law, especially employment law and family law.
Verified
Dear Customer,

thank you so much for using Just Answer.


My name isXXXXX and I am happy to help you with your problems

When it comes to child support German Law is applicable if a child, no matter which nationality has permanent residence in Germany.


So if a minor who is a US national has taken up permanent residency in Germany German Law is applicable.


If however the child is a German national and, say a resident in India and Indian Law does not know child support then German Law is also applicable.


So only if Chile Law does not know child support at all German Law is applicable.




If I have helped I would be very happy to get a positive feedback


Thank you
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Customer reply replied 4 years ago

Meaning that Chilean child support laws would apply first and foremost in this case. I suppose we need to consult a Chilean expert then to answer this question, unless there is some kind of International law? Thanks a lot!

Dear Customer,


thank you for your response .

Yes it all depends on how Chilean Law will turn out.

If there is no child support German Law is applicable.

According to German Laa child support depends on the income, we have a special list called Düsseldorfer Tabelle where it is determined

There is no intrnational law for child support I am afraid




If I have helped I would very much appreciate getting positive feedback because this is how I get credit


Thanks


Please do not rate if you are not satisfied with my service
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Here is the link to the Düsseldorfer Tabelle


http://www.olg-duesseldorf.nrw.de/behoerde/presse/Presse_aktuell/20121205_pm_Ddorfer-Tabelle-2013/Duesseldorfer-Tabelle-Stand-01_01_2013.pdf

The amount which actually has to be paid is on the last page ( Kindergeld is deducted here)
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Dead Customer,


Have you got any further questions?


If not please click on a happy face so I get credit for my effort


Thank you so much
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Customer reply replied 4 years ago

OK, great! You were very helpful, Thank you. My last question would then be how I should best get in touch with a Chilean lawyer to find out about Chilean child support regulations? Would you recommend to get in touch with the German Embassy in Chile? Or is there another way you would prefer? Thank you so much for your effort. Best.

Dear Customer


thanks for your reply.


One way would be for the mother herself who lives in Chile to go to a lawyer to find out about Chilean child support.

The second possible way would be to get in touch with the German embassy in Chile.




If I have helped I would be very happy if you rated my answer with a happy face
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