Claim for child support

[The Mother 0]

Hello everyone,

I was here almost 2 years ago, for those who don't know about my circumstance, you guys can check out the following link

http://www.visajourney.com/forums/topic/274286-interview-is-coming-soon/

Anyway, I'm here asking for some advices again. I've been trying to find a good attorney to help claim for child support, my ex stopped contributing for my two young daughters 2 months after my K1 visa was cancelled. In June 2011, he did return to Vietnam to ask me give him back a few things which are belong to him such as helmet (according to VN Law, you must wear helmet when traveling by motorbike, I paid $2usd and some change to get him the helmet), a pair of slippers and some copied documents which were given to me for my interview. That's it, he has never mentioned anything about contributing for the girls at all, nothing for health care, education and their future. An American named Marc Ellis, who is an immigration and nationality lawyer referred me to Phillip Viet Ma lawyer that is in CA. However, he told me that it is impossible to claim for child support while I'm in Vietnam. I have found another attorney called David P. Schwarz, his office is located in Santa Ana, CA. When we were on the phone, he said he was not sure if I could claim for child support while the children are living in Viet Nam. After I sent him an email with my ex's info, my two daughters' passport and consulate report of birth aboard and so on... he said I should be able to collect child support as long as the children can be proven to be my ex's child, he's willing to take my case for 2.500 (special offer, at first he wanted 3.000), plus 395 of filing fee and 100 of attorney service.

My question is, has anyone of you here claimed for child support before? How much do you usually pay for a private attorney? How long does it take? Anyone of you know about David P. Schwarz and use his service? $2.995 is a lot, a lot of money to me. I know nothing about family law in CA state, I'm really worried. Think about my girls' future, I want to give it a try. My two daughters and I need help, any info will be greatly appreciated.

Thanks everyone!

[JimVaPhuong 4,863]

Hello everyone,

I was here almost 2 years ago, for those who don't know about my circumstance, you guys can check out the following link

http://www.visajourney.com/forums/topic/274286-interview-is-coming-soon/

Anyway, I'm here asking for some advices again. I've been trying to find a good attorney to help claim for child support, my ex stopped contributing for my two young daughters 2 months after my K1 visa was cancelled. In June 2011, he did return to Vietnam to ask me give him back a few things which are belong to him such as helmet (according to VN Law, you must wear helmet when traveling by motorbike, I paid $2usd and some change to get him the helmet), a pair of slippers and some copied documents which were given to me for my interview. That's it, he has never mentioned anything about contributing for the girls at all, nothing for health care, education and their future. An American named Marc Ellis, who is an immigration and nationality lawyer referred me to Phillip Viet Ma lawyer that is in CA. However, he told me that it is impossible to claim for child support while I'm in Vietnam. I have found another attorney called David P. Schwarz, his office is located in Santa Ana, CA. When we were on the phone, he said he was not sure if I could claim for child support while the children are living in Viet Nam. After I sent him an email with my ex's info, my two daughters' passport and consulate report of birth aboard and so on... he said I should be able to collect child support as long as the children can be proven to be my ex's child, he's willing to take my case for 2.500 (special offer, at first he wanted 3.000), plus 395 of filing fee and 100 of attorney service.

My question is, has anyone of you here claimed for child support before? How much do you usually pay for a private attorney? How long does it take? Anyone of you know about David P. Schwarz and use his service? $2.995 is a lot, a lot of money to me. I know nothing about family law in CA state, I'm really worried. Think about my girls' future, I want to give it a try. My two daughters and I need help, any info will be greatly appreciated.

Thanks everyone!

The California Department of Child Support Services (DCSS) doesn't have the authority to enforce an order of support against a parent living in California for children who do not live in California unless there is a reciprocal enforcement agreement in place. There is a national law that allows reciprocal enforcement between all 50 states, and there are agreements between the United States and 16 other countries. Unfortunately, there is no agreement between the United States and Vietnam.

In other words, you can hire an attorney and you might be successful in getting an order of support, but you're going to have a very difficult time enforcing that order.

Be very careful giving your money to an attorney whom you've never met. The attorney can keep your money and then not lift a finger to help you, and there would be absolutely nothing you could do about it from Vietnam. If you have any family members in the US then it would be better if you allow them to deal with the attorney on your behalf. Have your family member consult with multiple attorneys, and not just hire the first one who says they can help you. Some attorneys will make promises they know they can't keep.

DCSS claims that international support cases generally take six months or more.

Edited April 19, 2012 by JimVaPhuong

[aaron2020 11,651]

DCSS is a government agency in charge with helping parents collect child support. DCSS has the authority to enforce child support orders. However, DCSS does not issue support orders because it is up to the California Superior Court or another court of competent jurisdiction to issue those orders. You don't need DCSS to enforce the order. You can get the California Court to enforce the order.

DCSS has the authority to enforce child support orders from California courts, orders from other state courts, and international orders from reciprocating countries. This authority allows DCSS to change child support without having to go to court. For example; a California court orders a man to pay 15% of his wages for child support. At his current job, he made $10,000/year when the support order was issued. His child support is then $1,500 (15% of $10,000). If his income changes and he now makes $20,000/year, DCSS does not have to go court to change the order to get $3,000 in child support. DCSS has the authority to enforce the California court support order by changing the amount to $3,000.

You will be resorting to getting a California court order for child support.

Jim is correct that it would be incredibly hard to enforce a child support order from a Vietnamese court. Vietnamese courts are not known for fairness, so a California court is unlikely to enforce the order.

Jim is also correct in that it is risky to hire an attorney that you don't meet with.

--------------------------------

You can hire an attorney to sue for child support in California Superior Court without help form DCSS. The court needs two requirements to hear the case; 1) personal jurisdiction and 2) subject matter jurisdiction.

If your ex is physically in California, then the California Superior Court has personal jurisdiction over your ex.

California has an interest in both parents supporting their children. California courts are allowed to hear child support issues.

So, you can resort to getting an order from a California court. If your ex does not pay, then you can go back to the court to enforce the order. You don't need DCSS to enforce the order.

-----------------------------

In child support cases where parents live in different states, the custodial parent have two choices for child support; 1) sue for child support in the custodial parent's state and get the order enforced in the noncustodial parent's state or 2) sue for child support in the non-custodial parent.

Generally, the custodial parent will seek to sue in his/her home state because it is easier to have the substantive case in his/her home state. The custodial parent has home court (no pun intended) advantage. The state where the children live would rather have the noncustodial parent pay child support rather than having the family resort to getting public assistance (i.e., food stamps, etc.) from the state. It's also easier for the custodial parent to go back to court in his/her state rather than go to the noncustodial parent's state.

Think of it this way;

Mom has custody in New York. Dad lives in California.

The court proceeding to establish child support will be the "big" proceeding. Once a competent court issue a child support order, it can be enforced in all the other states with a quick and "small" proceeding.

It's better for mom to have the original child support order issued in New York over California because any time there is a problem, it is easier to have the "big" proceeding happen in New York. She can then have the "small" proceeding in California to enforce the order.

If mom resorted to the California court, she would have to go back there for all her future problems collecting.

If mom lives in Vietnam, then she has no choice but to get a California court issue the original support order.

Edited April 19, 2012 by aaron2020

[danward 0]

The California Department of Child Support Services (DCSS) doesn't have the authority to enforce an order of support against a parent living in California for children who do not live in California unless there is a reciprocal enforcement agreement in place. There is a national law that allows reciprocal enforcement between all 50 states, and there are agreements between the United States and 16 other countries. Unfortunately, there is no agreement between the United States and Vietnam.

In other words, you can hire an attorney and you might be successful in getting an order of support, but you're going to have a very difficult time enforcing that order.

Be very careful giving your money to an attorney whom you've never met. The attorney can keep your money and then not lift a finger to help you, and there would be absolutely nothing you could do about it from Vietnam. If you have any family members in the US then it would be better if you allow them to deal with the attorney on your behalf. Have your family member consult with multiple attorneys, and not just hire the first one who says they can help you. Some attorneys will make promises they know they can't keep.

DCSS claims that international support cases generally take six months or more.

Hello, can you tell us how to find out all of the 16 countries. And whether the list has grown since 2012? Also have the rules or policies about such things changed since 2012 for Vietnam and the other countries? Thanks.

[Caryh 5,206]

Hello, can you tell us how to find out all of the 16 countries. And whether the list has grown since 2012? Also have the rules or policies about such things changed since 2012 for Vietnam and the other countries? Thanks.

Here's the list and Vietnam is not on it.

http://www.acf.hhs.gov/programs/css/resource/foreign-reciprocating-countries

[Boiler 45,516]

Does the OP know where he is? She mention CA as the Lawyers address but that does not mean he is there.

Edited February 27, 2016 by Boiler

[TBoneTX 45,291]

Thread from 2012 is now closed to further comment; recent poster's question has been answered.