International Case

[CombatMad]

I was married to a German citizen when I was stationed in Germany. I have always sent a set amount to our 2 children while I was deployed. I went on a year deployment to Honduras and she served me with papers.
I just got 6 pages in German saying that I have to pay her alimony with a year back pay and child support with a year back pay even though I have been paying child support and sending boxes of things for them at least once a month.
My state of residence is South Carolina and have heard that they cannot force me to pay her alimony. The child support I will greatly pay, but I should not have to pay her alimony since she was the one that didn't want to come back to the united states. She also has not reported my youngest child's birth with the US Embassy, so technically he is not a US citizen nor does the DOD have a record of him, but I still take care of both of them financially. What can I do? Should I go ahead and continue to pay child support and ignore the request of alimony or should I appeal?

 

[mightymoose]

I don't believe they have the means of enforcing the alimony or the child support order.
If you do pay the child support make sure you do it through the proper channel so that is is accounted for. In the US the payments are typically made to the court and then disbursed to the recipient. Payments you make directly to the ex may be disputed.
Why haven't YOU reported your youngest child?

 

[Proserpina]

On the contrary; the US will frequently enforce international support orders.

The bigger question is, has the divorce been finalized per German law? Is there actually an order from a German court or is this a proposed settlement?

 

[army judge]

You should RUN to your nearest JAG office. Consult with a JAG lawyer. JAG will be able to offer you advice and counsel. They won't litigate for you, but can guide you through the legal troubles ahead.

I won't speculate further here, other than say the funds you've been sending will not be considered support, unless court ordered. What you call support, the courts will term gifts. Until a court order is in place, or unless JAG advises you to the contrary, I'd stop sending her any money. And, what you call a court order (or court documents) written in German, might simply be a novel, the weather report, or a scam. Take those papers to JAG, and they'll assist you in getting them translated. International service of anyone is extremely complex, and is not accomplished by mailing the target papers in a language they don't speak. Generally speaking, German courts can't pursue American military personnel. This has to do with treaties signed after WWII. However, don't bank on what I've said, get to JAG ASAP.


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