How to file for Child Support? Very irresponsible Dad!

[Vince and Cheryl 1]

Ok here's what I found out from the Hague Convention (the Philippines are a part of it). When it comes to custody or adoptions the US will look at the foreign Country as if it was another State and follow the rules of that "state". In other words what the Philippines has already decided goes. This is how many Women from the Philippines are able to have their US spouse adopt their children so easily. That is because the US recognizes the laws of that Country saying the father has no rights.

Now the OP has stated that her husband will be adopting her son so looks like she wants to use the laws saying she has sole custody and the father has no rights to the child. And then wants child support from the father which will mean she will have to basically change her custody and will not be able to have her husband adopt. She can't have it both ways.

You must deal with international laws when it concerns a foreign born child.

Yes, I am aware that my son can only get child support from his biological father until he has not yet been adopted by my husband.

Thanks for your advice i will definitely have a lot of things to ask since Im getting a lot of good advice here. Most makes a lot of sense and good argument thank you for taking time in helping me understand the situation.

VJ members, you guys are the best God bless

[Ontarkie 14,499]

Yes, I am aware that my son can only get child support from his biological father until he has not yet been adopted by my husband.

Thanks for your advice i will definitely have a lot of things to ask since Im getting a lot of good advice here. Most makes a lot of sense and good argument thank you for taking time in helping me understand the situation.

VJ members, you guys are the best God bless

The thing is at this moment the bio dad has no rights, that would be why your husband can adopt and why he does not have to pay child support. Once you go after him for support you would have to establish his role as a father and he would have all the rights of a father and your husband would not be able to adopt your son. Do you see what I am saying you can't give him his rights to get child support and then try to take them away again for the adoption.

[aaron2020 11,651]

The thing is at this moment the bio dad has no rights, that would be why your husband can adopt and why he does not have to pay child support. Once you go after him for support you would have to establish his role as a father and he would have all the rights of a father and your husband would not be able to adopt your son. Do you see what I am saying you can't give him his rights to get child support and then try to take them away again for the adoption.

Under US laws, the biological father does have rights. US laws are going to trump Philippines laws since all parties are now in the US and are US residents. In any adoption matter, notice must be given to all interested parties. Since adoption would cut off the father's rights under US laws, he is an interested party and he must be notified. Adoption would essentially terminate his parental rights under US laws.

If we let foreign laws decide custody or child support in the US when all the parties are in the US, then we would need experts in foreign laws to decide these cases.

For example; the law of country X say that a divorced father has no rights to his minor child. Now, all the parties immigrated to the US. Should a US judge follow the laws of country X? No US judge would. The judge will apply the laws of his/her state.

Family courts are courts of equity. It is what is in the best interest of the child. Judges are reluctant to terminate parental rights in the US absence abuse or neglect when a parent objects to an adoption.

Edited February 22, 2012 by aaron2020

[Rebecca Jo 1,962]

The thing is at this moment the bio dad has no rights, that would be why your husband can adopt and why he does not have to pay child support. Once you go after him for support you would have to establish his role as a father and he would have all the rights of a father and your husband would not be able to adopt your son. Do you see what I am saying you can't give him his rights to get child support and then try to take them away again for the adoption.

No but she might be able to get him for the back support he owes her.

[VanessaTony 3,567]

No but she might be able to get him for the back support he owes her.

She's already stated he GIVES her money she just feels like she's begging when she asks for it and wants a set payment plan in place so she doesn't have to ask. I certainly hope she doesn't try and claim back support and instead just goes from now onward... otherwise I hope he has evidence of how much he sent.

[Gigli2008 70]

The US government will not help you go after your son's father for child support. If you want his father to pay child support, you will need to file for child support in family court. You can either hire a lawyer or try to do it yourself.

This is an immigration forum - not a family law forum. Suing your son's father for child support has nothing to do with immigration laws. The how to file for child support and what proof you need is something to ask a California family lawyer or for you to investigate on your own. You are unlikely to get family law advice here.

Edited February 22, 2012 by Gigli2008

[Leatherneck 693]

No but she might be able to get him for the back support he owes her.

In California, an original order for child support may be made retroactive to the date of filing the petition, complaint, or other initial pleading. OP will not be able to go back and get child support from some imaginary date past.

[MyLittlePony 340]

I have not much to say but good luck on your situation.