honoring divorce settlement

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AustriaDivorce

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I am divorced from the father of my two sons. I am American, living in the USA with my two sons. The father is Austrian and is currently living in Asia (work reasons). We have a divorce settlement (finalized in Austria) where it is agreed upon that the father pays the country's child support requirements (based on income) as well as certain extra costs, such as private school tuition, college tuition, music lessons, instrument costs, and braces. Recently, the father said that he would only send the child support and that would need to cover all the extra costs as well, including college. When I reminded him of the agreement, he said that he didn't want to use the money he had in savings since he wanted to save it to start up a new business in three years. He then said the boys would have to take out a loan. It's difficult to say how much he is earning, but I estimate around $200,000 a year (he used to earn more). Do I have a case? If so, should I work through an lawyer that deals in international law or should I find a "local" Austrian lawyer? Thank you.
 
Have you had the order domesticated in the US?

Which Asian country are we talking about? (It's important)
 
I have not had my order domesticated in the US (wasn't aware it was necessary). Is this something I can/should do now?

My Ex is now employed in Singapore, but he is under contract with a German company.

thank you.
 
I have not had my order domesticated in the US (wasn't aware it was necessary). Is this something I can/should do now?

My Ex is now employed in Singapore, but he is under contract with a German company.

thank you.

Start with some light reading:

http://www.bellnunnally.com/userfiles/files/KLH Getting Paid Article.pdf

But, know that you'll never be able to do this without the assistance of a good attorney.

Why? Because one misstep or mistake, and you've blown it.

He'll run, or you have to start over.

The mere fact that he is in Singapore makes a difficult thing, ten times more complex, and he's employed by a German company.

There are many, many things that will be required before a US court can attempt to assist you with enforcing that Austrian judgment.

I suggest you speak with a family law attorney in your county.

You can ask some basic questions, and determine what strategies are available to you.

You must do much, much more than domesticate the judgment.

Read the US Department of State's website information on service in Singapore:

http://travel.state.gov/law/judicial/judicial_663.html

The mere fact that Singapore is NOT a Party to Hague Apostille Convention will make a good attorney gnash his or her teeth.

See a lawyer, educate yourself, and get ready for an interesting ride.
 
Thank you for your ideas. I read over the links and see what you mean about the matter being complicated. Do you think it would be a better option to check with an Austrian lawyer since that is where the contract was settled? Also, my sons have Austrian citizenship.

In the meantime, I will check with a family law attorney in my area.
 
Thank you for your ideas. I read over the links and see what you mean about the matter being complicated. Do you think it would be a better option to check with an Austrian lawyer since that is where the contract was settled? Also, my sons have Austrian citizenship.

In the meantime, I will check with a family law attorney in my area.


Singapore s not a signatory to The Hague Convention on many aspects of domestication and honoring judgments. They won't even honor an apostille. That makes it as difficult to go after the deadbeat from Austria or the US. But, talking never hurts. That's how we learn. I suspect he chose this path to further deny you what is legally yours.
 
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