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C/S to another country? Taxes too

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fair parent

Junior Member
The location of where the child resides is what determines the rates for child support? But what if the child is from another country? Say Peru? I am charged for child support for the state of Virginia and the child doesn't live here. How does that work out?
TAXES: If the child does not have a SSN, but only a Peruvian ID, can I file for taxes even though the parent of the child who spends more than 50% of his/her time gets to file for taxes right? But Peruvians don't pay taxes. Could I still claim my child even if he spends more than 50% of his time in Peru?
Yes DNA is positive, no she is not a citizen, my son is but I have never seen him and the mother is pushing real hard to get papers signed.What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?
 


mistoffolees

Senior Member
The location of where the child resides is what determines the rates for child support? But what if the child is from another country? Say Peru? I am charged for child support for the state of Virginia and the child doesn't live here. How does that work out?
TAXES: If the child does not have a SSN, but only a Peruvian ID, can I file for taxes even though the parent of the child who spends more than 50% of his/her time gets to file for taxes right? But Peruvians don't pay taxes. Could I still claim my child even if he spends more than 50% of his time in Peru?
Yes DNA is positive, no she is not a citizen, my son is but I have never seen him and the mother is pushing real hard to get papers signed.What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?
If there's a court order in your state for you to pay child support, you have to pay it regardless of where Mom lives with the child. It also doesn't matter if the child has a SSN.

Taxes? If you meet the IRS requirements for claiming a child, you can do so - unless there's a court order stating otherwise. Of course, if you both claim the child, the one with more nights with the child will win.

However, you're probably not going to be able to claim the child on your taxes without a SSN.
 

fair parent

Junior Member
If there's a court order in your state for you to pay child support, you have to pay it regardless of where Mom lives with the child. It also doesn't matter if the child has a SSN.

Taxes? If you meet the IRS requirements for claiming a child, you can do so - unless there's a court order stating otherwise. Of course, if you both claim the child, the one with more nights with the child will win.

However, you're probably not going to be able to claim the child on your taxes without a SSN.
Right, But I'm in VA for military, My home of record is PA. So how did it come about that I should pay for a child to live in peru (the Vuela Sol is worth three times converted) with the rates in VA? I'm not even a resident??? When I appealed it, I didn't know I needed a lawyer, the DCSEC refused to help me and they stuck me with the same thing i appealed. So I have to pay $700 a month. I thought c/s was to be established in the state the child resides. thats why i am asking, did I really get the bone or is this even legal?
 

rooms222

Member
Since your child is a US citizen, they should be able to get a Social Security Number..You need one ASAP for tax purposes.
 

mistoffolees

Senior Member
Right, But I'm in VA for military, My home of record is PA. So how did it come about that I should pay for a child to live in peru (the Vuela Sol is worth three times converted) with the rates in VA? I'm not even a resident??? When I appealed it, I didn't know I needed a lawyer, the DCSEC refused to help me and they stuck me with the same thing i appealed. So I have to pay $700 a month. I thought c/s was to be established in the state the child resides. thats why i am asking, did I really get the bone or is this even legal?
No, CS is established in the state which has jurisdiction. That's not always the same thing.

Bottom line is that you have to follow the state guidelines. What the other parent does with the money is really none of your business.

If they moved to London or Tokyo, would you be complaining that you're not paying enough? :rolleyes:
 

Proserpina

Senior Member
No, CS is established in the state which has jurisdiction. That's not always the same thing.

Bottom line is that you have to follow the state guidelines. What the other parent does with the money is really none of your business.

If they moved to London or Tokyo, would you be complaining that you're not paying enough? :rolleyes:


That is an excellent point!
 

LdiJ

Senior Member
The location of where the child resides is what determines the rates for child support? But what if the child is from another country? Say Peru? I am charged for child support for the state of Virginia and the child doesn't live here. How does that work out?
TAXES: If the child does not have a SSN, but only a Peruvian ID, can I file for taxes even though the parent of the child who spends more than 50% of his/her time gets to file for taxes right? But Peruvians don't pay taxes. Could I still claim my child even if he spends more than 50% of his time in Peru?
Yes DNA is positive, no she is not a citizen, my son is but I have never seen him and the mother is pushing real hard to get papers signed.What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?
VA can set a child support amount.

No, you cannot claim the child. In order to claim a child as a dependent the child must either live with you, or be located in the United States, Canada, or Mexico for more than half the year.

You also cannot claim a child that does not have an SSN or an ITIN.
 

stealth2

Under the Radar Member
thank you all for your advice and input. Now, is there any relief for a father to excercize his parental rights?
You'd need to establish paternity and then file for visitation. In the state/country where the child is a resident.
 

fair parent

Junior Member
DNA is positive, he is my son, but to establish visitation would mean I would have to go to Peru. Why can't I do this here in the US? Shes robbed me of my fatherhood, blackmailed me and has my son. the money doesn't seem that important untill I can't afford a plane ticket. She will not negotiate a lower child support untill I sign the papers but im afraid that if I do, I will never see him. So what I originally wanted to know was, could I appeal the child support again to re-establish the location in which the child is located, not where I work?
 

mistoffolees

Senior Member
DNA is positive, he is my son, but to establish visitation would mean I would have to go to Peru. Why can't I do this here in the US? Shes robbed me of my fatherhood, blackmailed me and has my son. the money doesn't seem that important untill I can't afford a plane ticket. She will not negotiate a lower child support untill I sign the papers but im afraid that if I do, I will never see him. So what I originally wanted to know was, could I appeal the child support again to re-establish the location in which the child is located, not where I work?
How recently did she move? If it was recent and you act soon enough, then VA would still have jurisdiction and you could ask for an order for the child to be returned to the US - and then get custody/visitation orders. (of course, enforcing that order might be nearly impossible)

If a lot of time has elapsed, you probably missed your chance.
 

fair parent

Junior Member
Then I think I missed my chance because five years ago she got pregnant and then went back to Peru to have the baby. I can't do anything now?
 

stealth2

Under the Radar Member
Then I think I missed my chance because five years ago she got pregnant and then went back to Peru to have the baby. I can't do anything now?
Child support remains in VA as that's where you are, and you apparently accepted VA's jurisdiction over the CS issues.

You can file for visitation in Peru. Because that is the place that holds jurisdiction over the child - you couldn't be bothered to establish your rights five years ago, so that's where you have to go.

Shes robbed me of my fatherhood, blackmailed me and has my son.
Funny how this didn't bother you until five years went by and she filed for child support. Doesn't garner much sympathy, dude.
 

mistoffolees

Senior Member
Child support remains in VA as that's where you are, and you apparently accepted VA's jurisdiction over the CS issues.

You can file for visitation in Peru. Because that is the place that holds jurisdiction over the child - you couldn't be bothered to establish your rights five years ago, so that's where you have to go.



Funny how this didn't bother you until five years went by and she filed for child support. Doesn't garner much sympathy, dude.
I'm confused here. Why is VA involved at all? OP said:
"five years ago she got pregnant and then went back to Peru to have the baby."

OP said that the baby was born in Peru. I don't see how VA would have jurisdiction. The child support order should have come out of Peru. Is VA simply enforcing a foreign order?

If it really is a VA child support order, it is possible that VA lacks jurisdiction in the matter - although it may be too late to challenge it (stealth is right that OP may have accepted VA jurisdiction, but it could create additional problems).

This makes custody complicated. Ordinarily, I would say that VA would have absolutely no jurisdiction to determine visitation, but if Mom submitted to VA jurisdiction in order to get Child Support, they may have inadvertently allowed VA jurisdiction with respect to visitation, as well. (Again, even if OP can get an order for visitation in VA, enforcing it may be a problem).

OP needs to take his paperwork to a local attorney to understand what's going on and what his options are. An initial consultation may be free or reduced rate if you call around.
 

LdiJ

Senior Member
I'm confused here. Why is VA involved at all? OP said:
"five years ago she got pregnant and then went back to Peru to have the baby."

OP said that the baby was born in Peru. I don't see how VA would have jurisdiction. The child support order should have come out of Peru. Is VA simply enforcing a foreign order?

If it really is a VA child support order, it is possible that VA lacks jurisdiction in the matter - although it may be too late to challenge it (stealth is right that OP may have accepted VA jurisdiction, but it could create additional problems).

This makes custody complicated. Ordinarily, I would say that VA would have absolutely no jurisdiction to determine visitation, but if Mom submitted to VA jurisdiction in order to get Child Support, they may have inadvertently allowed VA jurisdiction with respect to visitation, as well. (Again, even if OP can get an order for visitation in VA, enforcing it may be a problem).

OP needs to take his paperwork to a local attorney to understand what's going on and what his options are. An initial consultation may be free or reduced rate if you call around.
There are treaties between the US and many foreign countries regarding child support. If mom invoked a treaty then that would give VA the right to set and enforce child support.

That doesn't mean that mom submitted to VA jurisdiction. Peru would most firmly have jurisdiction over visitation and custody as the child has never resided in the US and has been a Peru resident since birth.
 

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