Current order in US, 2 Foreign orders AND new case????

[berryjungle]

What is the name of your state (only U.S. law)? New York

My husband pays support from a New York order, a couple of years ago the mother took him to court in Warsaw (poland) and got another order of suport. Currently she is trying to get it recognized in New York whilst trying to increase the original US order.

Recently, my husband recieved, by mail, (not in person) another order from another district court in Poalnd asking for even more money.

Should we just ignore it? We do not have the money to do any legal case in Poalnd (again!) and how can it be valid if she already has one order being paid in the US and another foreign order she wants registered!

I think we should ignore it, even if it goes to default (to the tune of $6000 a month!!), there is no jurisdiction, and she would have to come back to the US to have it registered anyway (which surely would be a non-jurisdiction issue)

thoughts> advise?
Thanks!

 

[justalayman]

you never ignore any courts order, especially if it might cost you $6ooo/ month.


,

there is no jurisdiction, and she would have to come back to the US to have it registered anyway (which surely would be a non-jurisdiction issue)

possibly but a lot of judgments are the result of defaults. Doesn't make them less enforceable in most cases.

 

[Proserpina]

What is the name of your state (only U.S. law)? New York

My husband pays support from a New York order, a couple of years ago the mother took him to court in Warsaw (poland) and got another order of suport. Currently she is trying to get it recognized in New York whilst trying to increase the original US order.

Recently, my husband recieved, by mail, (not in person) another order from another district court in Poalnd asking for even more money.

Should we just ignore it? We do not have the money to do any legal case in Poalnd (again!) and how can it be valid if she already has one order being paid in the US and another foreign order she wants registered!

I think we should ignore it, even if it goes to default (to the tune of $6000 a month!!), there is no jurisdiction, and she would have to come back to the US to have it registered anyway (which surely would be a non-jurisdiction issue)

thoughts> advise?
Thanks!

Ah, she wouldn't have to physically appear in the US to have that order domesticated. She can do that from Poland....and since Poland is a Hague signatory AND has a reciprocal agreement with the US, it might not be as difficult as you think.

Dad should NEVER ignore child support orders.

Dad should really talk to an attorney who is familiar with international child support issues.

 

[mistoffolees]

Ah, she wouldn't have to physically appear in the US to have that order domesticated. She can do that from Poland....and since Poland is a Hague signatory AND has a reciprocal agreement with the US, it might not be as difficult as you think.

Dad should NEVER ignore child support orders.

Dad should really talk to an attorney who is familiar with international child support issues.

Preferably one from a firm large enough that they have some type of partnership arrangement with a Polish law firm.

 

[LdiJ]

Ah, she wouldn't have to physically appear in the US to have that order domesticated. She can do that from Poland....and since Poland is a Hague signatory AND has a reciprocal agreement with the US, it might not be as difficult as you think.

Dad should NEVER ignore child support orders.

Dad should really talk to an attorney who is familiar with international child support issues.

I agree with all of this, but I would think that dad could also get some help from the CSE. After all, NY will have to enforce any orders from Poland via the CSE and NY would see that there is already a child support order for that child and therefore should not enforce any additional orders. In addition, I believe that NY would have jurisdiction to calculate the child support amount.

I agree absolutely that dad needs to speak to an attorney who has some experience dealing with international child support.

 

[mistoffolees]

I agree with all of this, but I would think that dad could also get some help from the CSE. After all, NY will have to enforce any orders from Poland via the CSE and NY would see that there is already a child support order for that child and therefore should not enforce any additional orders. In addition, I believe that NY would have jurisdiction to calculate the child support amount.

I don't believe that's true. If that were the case, a foreign order would be useless - since the state could do whatever they want.

The state would certainly have the authority to calculate CS for children within the state, but I don't think they can take it into their own hands if they receive an order from outside.

They possibly could drop the NY order, though.

 

[LdiJ]

I don't believe that's true. If that were the case, a foreign order would be useless - since the state could do whatever they want.

The state would certainly have the authority to calculate CS for children within the state, but I don't think they can take it into their own hands if they receive an order from outside.

They possibly could drop the NY order, though.

I think that you are wrong on that one Misto....its a jurisdictional issue. A foreign court would have no jurisdiction over someone who is not a resident of their country...nor over that person's assets. Therefore there are international treaties in place that allow for courts with jurisdiction to enforce child support.

This was before your time, but some years back there was a case on here the mother and children were located in a Scandanavian country (cannot remember if it was Norway or Sweden) and dad was located in CA. CA both calculated and enforced child support and there was a great deal of discussion and research on the subject.

Its kind of along the same lines as federal garnishment laws. Even if somehow there was a court order from some state that required a parent to pay 75% of their net income in child support, no more could be garnished than the maximum amount allowed to be garnished under federal law...only in this case NY cannot enforce a Polish child support calculation if it is contrary to NY law...nor does Poland have any enforcement capability outside of the CSE.

 

[BL]

As long as the obligor ( one party to the action ) remains in the State where the order(s) originated ,that State has jurisdiction .

Even if another State or Country registers a foreign order , it should not be enforced .

Any modifications must be done through the State it originated from,as long as one party remains a resident there.

An other question I would have is , What are the current Custody/Visitation orders ( If any ) and are visitations being denied and if so what has the obligor done to enforce them ?

 

[berryjungle]

Thanks for all the advices. It just seeems crazy to me that not only do we pay from NY but now we are going to court to fight registration of the first POlish order and while that is goingon, she starts another case in another district! The fact is we cannot afford to fight it so I think we will ignore, what choice do we have, also, we have been told if we entertain it by responsding we are essentially giving up- jurisdiction!

There is no custody or visitation agreement, which is so wrong. My husband has no rights to see his child, apparently we cannot change this, any advice here would also be welcome, it seems so wrong to us. It is such a complicated system and any advice on how to change the visitation would be welcome

 

[stealth2]

The fact is we cannot afford to fight it so I think we will ignore, what choice do we have, also, we have been told if we entertain it by responsding we are essentially giving up- jurisdiction!

Ignoring legal procedures is NEVER a good idea.

 

[berryjungle]

what choice do we have? Enter into a foreign court case which we cannot afford AND risk being told by doing so we have given up jurisdiction? We already went through this in another district court in Poland, I am still in debt because of the legal bills and the case was not even fair (the court believed none of the US official documents such as Tax Returns, they would not even believe the statements from child support agency that showed support was being paid regularly).

What elese can we do expcept ignore it? We are not ignoring it to be obnoxious, we really see no other option.