Canadian requesting child support from american

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latattoo13

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I am canadian and the father of my child is american, my friend had directed me to the ny states child support website NYS DCSE but it doesnt say anything about a canadian going for support from an american, I have physical custody and because he is not here to sign the birth certificate I cant even put him on the application, this is what I have been told by the vital stats of canada.

My question is how do I go about getting support??

He is not denying its his child and he sends me money here and there but he told me to give him a monthly budget and now that I have asked for a monthly budget, now he says he doesnt know he will get back to me...I dont trust him to make payments so I would like to just do this the legal way so I dont have to deal with the stress of begging for bits of money whenever he feels like sending.
 
I think you don't initially go through the NY child support system, but through your provincial system. Your Canadian order could then be registered and enforced against him via the Family Maintenance Enforcement Program (in BC, or analogous program in your province) which has reciprocal jurisdiction with the US.
 
i am trying to get child support from my son's father as well .I am canadian and the father id american ..he is on our son's birth certificate.I'm registered with our FMEP her in Vancouver and they ssaid there is nothing they can do to enforce child support from him as he live's in Malaysia right now ,but im trying to see if there is anything i can do through his state he is from.If you have any updated info could you please share.Thank you
 
I too am Canadian with my son's father being american. I have a support order registered with the interjurisdictional office at the Family Responsibility Office (FRO). My order was granted in 2005 and to date (July 2012), have received no payments.....where is the justice in this?
 
Will international jurisdictions are a bit tricky, but if you get an order in place through a thing called Comity (friendship) odds are Candada and America will respect eachoher's judgement. Based on the limited info it would probably be best to consult an attorney in New York and get a support order in place. Since the Father is there establishing jurisdiction in NY shouldn't be to difficult and once the order is in place Comity may apply. I would really contact an attorney.
 
Even though this is a necro-thread I will comment. Getting the order in place is only part of the battle. No one having proven paternity in Canada, can guarantee a US court will carry out a judgement, where paternity has not been legally established against US citizen.
 
Respectfully, I beg to differ - if paternity has been established in a Canadian court, the US will generally not question paternity and will have no problem enforcing the CS order.

It's not 100% guaranteed (I'm sure some court, somewhere, would refuse), but paternity does not need to be established twice (once in Canada, once in the US).
 
Proserpina said:
Respectfully, I beg to differ - if paternity has been established in a Canadian court, the US will generally not question paternity and will have no problem enforcing the CS order.

It's not 100% guaranteed (I'm sure some court, somewhere, would refuse), but paternity does not need to be established twice (once in Canada, once in the US).
Click to expand...
The pertinent issue is that the US court must decide to affirm and enforce the foreign order. If dad, in this case, appears and argues he is not the father and has never been proven to be the father, the US court may determine, on that basis, they will not enforce the order. The judge could also decide dad is a jerkoff and enforce the order based on substance.
 
The US doesn't care that paternity wasn't established in the US. All that matters is that there is an enforceable order from <insert country> and paternity was established according to the laws of that country.
 
Pro is correct.
Enforcing Canadian child support orders are relatively easy in the US.

The LEGAL PRINCIPLE is COMITY.

The DIPLOMATIC PRINCIPLE involves treaties.

It's explained below.

http://www.acf.hhs.gov/programs/css/international


G.S. 52C permits handling international cases with any foreign jurisdiction that has a substantially similar reciprocal law in effect. Arrangements for child support were developed between individual states and various foreign countries, based on the principles of "comity"-- the voluntary recognition and respect given to the acts of another nation's government-- as well as formal statements of reciprocity developed at the federal level. Countries with which the U.S. has entered into formal agreements are called "foreign reciprocating countries" (FRCs).

Reciprocity requires cost-free provision of services to U.S. residents who are seeking to establish paternity and support and enforce support obligations against individuals living in the other country. The FRC is not required to have identical procedures as a U.S. state.

The Federal Office of Child Support Enforcement (OCSE) has established reciprocity with the nations of Australia, the Czech Republic, El Salvador, Finland, Hungary, Ireland, Israel, the Netherlands, Norway, Poland, Portugal, the Slovak Republic, Switzerland, and the United Kingdom (England, Northern Ireland, Scotland, and Wales). Reciprocal agreements also have been established with the Canadian Provinces of Alberta, Labrador, Manitoba, New Brunswick, Newfoundland, the Northwest Territories, Nova Scotia, Nunavut, Ontario, Saskatchewan, and the Yukon Territory.

http://info.dhhs.state.nc.us/olm/manuals/dss/cse/man/CSEcR-12.htm

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That is what is called due process.
It's a right we Americans hold very dear.
It was bequeathed to us via our constitution, specifically via the sixth and seventh amendments.
If you're right, then you exhibit some knowledge of the world's greatest constitution.


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