The issue of child support enforcement is a high priority to the United States. The Bureau of Consular Affairs and the Office of the Legal Adviser for Private International Law work closely with the Department of Health and Human Services, Administration for Children and Families, Office of Child Support Enforcement to find innovative solutions to international child support enforcement problems.
Consular sections in U.S. embassies and consulates can respond to requests from the local U.S. child support agency for parent locate information from consular registration records regarding U.S. citizen/national parents registered with the U.S. embassy or consulate.
Information regarding the whereabouts of U.S. citizens abroad contained in Department of State passport records or U.S. Embassy or consulate registration records abroad is protected by the Privacy Act (5 U.S.C. 552a). For consideration of a request of a release, the state child support enforcement office must submit a written request. Individuals cannot make such requests, only state child support enforcement agencies.
Residents of other nations should contact family maintenance officials in their country for information and assistance in enforcing a foreign child support order in the U.S. If there is an existing Federal bilateral child support arrangement between the U.S. and the foreign country, or a U.S. state-level arrangement with the foreign country, the foreign country’s Central Authority should contact the local child support enforcement agency in the state where the person owing child support resides.
If there is no state-level or Federal arrangement with the foreign country, it may be necessary for the individual seeking enforcement or the foreign authorities working on behalf of that individual to retain the services of a private attorney experienced in working with state and federal child support offices in the U.S., in attempt to enforce the foreign judgment in accordance with the U.S. law.
In addition to providing authority for federal-level child support declarations42 U.S.C 659a provides that, “states may enter into reciprocal arrangements for the establishment and enforcement of support obligations with foreign countries that are not the subject of a federal declaration… to the extent consistent with Federal law.”
The Uniform Interstate Family Support Act (UIFSA), which has been adopted by every state, provides that a state may enter into reciprocal arrangements for the enforcement of child support obligations with a foreign country that has procedures the state determines to be substantially similar to UIFSA.
I had a client who called recently since she was surprised that her husband could be ordered to pay child support for a child living in the Philippines. She had hired an attorney prior to contacting my office who promised to getting the judgment dismissed based on jurisdictional issues. Their attorney had failed to accomplish this.
As briefly noted in this article, there is strong Federal and State support to insuring that children whether they are living in the U.S. or abroad are guaranteed financial support through bilateral reciprocal agreements and unilateral declarations. Consequently, an experienced attorney who has worked with several government agencies is required to understand the global work in the child support arena.
Any questions, feel free to contact my office at 310-601-7144 or email my office at [email protected].