Asked 1/2/2012
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Can my husband's ex wife (illegally in the US) claim back dated child support? My husband's ex wife is an illegal immigrant living in GA. We live in FL. The children are 15 and 16. We have been depositing in her account whatever we can since she got here. Previous to that, we would wire funds to the country she was living in. Can she claim back dated child support for the past 10 years we have been living in the US (we are both US citizens) if and when she becomes legal? She is threatening to do that if we don't petition the children to become legal in the US. |
Answer 1/3 - Submitted 1/2/2012
Well that's called blackmail as you cannot threaten to do something negative to a person in exchange for them doing something you want them to do; you need to call the police and report her for blackmail. And since you know she is in the US illegally you might want to call ICE, too.
Now, as for child support, was there ever a court order for child support? Being illegal in the US does not stop a person from going to court to get a child support or custody order for their children. If she has waited this long to go to court over it, a judge will most likely only go back a year or two, not a full 10 years, in order to determine back child support; and she would be entitled to that. Any money you have paid her so far would be considered gifts unless you were ordered to pay child support and/or were paying through the proper channels (ie, not depositing it straight into her account).
Answer 2/3 - Submitted 1/2/2012
Answer 3/3 - Submitted 1/2/2012
If the children were born in another country, and she and the children were living in another country all that time, it's the other country that would have jurisdiction over child support for that period of time, not the US.
Now that she's here, she can certainly file for child support going forward. It's a civil matter and they don't much care about her or the children's legal status.
Her threats are petty, but putting that aside, Is there a reason your husband won't petition for his children? To do so, they may need to return to their country. Seems a small thing to do for them, really.
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