International Child Support (Kansas Court/ Germany)
This is a discussion on International Child Support (Kansas Court/ Germany) within the Child Custody & Support forum, part of the FAMILY LAW, DIVORCE, CUSTODY category; Hi, I am an American divorced mother of two children working/ living in Germany. My American ex husband and I ...
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Junior Member
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Join Date: Jul 2012
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Hi, I am an American divorced mother of two children working/ living in Germany. My American ex husband and I divorced in 2005 here in Germany. He is prior military, now a civilian working for the Army in Kansas. We agreed with the judge who granted our divorce to receive joint custody. After the divorce was finalised, he never contacted the kids nor myself. The last time we saw him was in 2006, to establish a court order for support at the court house. He paid support until March 2007, we then found out he returned to the United States through military channels and discharged from the military. Since we shared joint custody and he would not return requests to sign for passports or allow travel for the children back & forth to the United States, we have been living here. I sought services from an International Attorney, he found that he is a resident of Kansas. He owes close to $52,000 in arreages. My lawyer is currently submitting all my paperwork and court orders to the Kansas court. I have several questions:
1. Since he owes so much in back support what attempts can be made that he may rectify situation, so that he will not go to jail. From what I understand he has a job and assets, house, cars, etc. 2. Once my paperwork is received by Kansas courts how long will take to process? 3. Once child support is settled, I plan to sue for sole custody, would it be considered abandonment? Through a previous lawyer attempts were made to ask for him to relinquish his parental rights but this was ignored, can somone get away with neglecting their duties completely? |
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#2 |
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Top Level Member
Join Date: Dec 2009
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I wish to inform you that your lawyer can have garnishment orders from court whereby salary or bank account can be garnished. Further you can recover amount through sale of assets by following bankruptcy procedure but in that case it may take some time because representation by other creditors may be herd by court. You can take kids out of country through court permission. Parental rights of father can be terminated through court if father neglects child.
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#3 |
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It is my understanding that this had beenr recently prepared by a German judge so it could be sent along with the court order, to register with the clerk of courts, because I had to sign an oath swearing to the validity of my claim. I was then informed by my lawyer that once it is processed under as a UIFSA incoming, that a court balif or sherrif would serve him with a summons. Would that mean he would have to appear before the judge or just write a reply and mail back to court. Thank you for prior post! This has been a long ardous journey, which started March of last year and was hoping to have resolution sooner than this, since court order was established in 2006.
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#4 |
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Top Level Member
Join Date: Dec 2009
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Germany has a reciprocal arrangement with most U.S. states including Kansas as a result of German legislation known as the “Foreign Support Act,” or FSA for enforcement of child support. A parent in Germany seeking enforcement of child support arrangements from a U.S. parent residing in the U.S. should contact the German authorities responsible for the Foreign Support Act to file a petition. The Central Authority at the German Attorney General’s Office in Bonn or the Deutsches Institut für Jugendhilfe und Familienrecht will process the petitions according to article 7 of the German “Foreign Support Act.” The Attorney General’s office in Bonn will contact the competent local city and county youth welfare office involved. You may contact the US embassy (US citizen services) for further guidance.
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