clarissageo

Not sure if anyone will be able to answer this one....

If UKC children are permanent residents in the US, with a USC stepfather, and UKC biological father, who holds the juresdiction on the child support? is it assessed under the US system or the courts in the UK?? The CSA in the UK have told us we can't claim through them because we have a court order that is dated before they took over.

We have the order for leave to remove the juresdiction, which to my knowledge means the UK courts dont have any control over the kids anymore, it is all the US courts, so does that mean that the US courts will get the child support also, or are we just in limbo now?

Thanks in advance if anyone has any knowledge about this kind of thing

scrubbedexpat099

If the UKC biological father is in the UK then what benefit would a US order give you?

clarissageo

This is what I need to know - if we have left the juresdiction of the UK court, and we are under the juresdiction of the US court, but the bio father is under the UK court - who is responsible for creating an order for child support? the court where the children reside??

Its a messy one, I'm pretty sure we're in a catch 22 with it, but I didnt know if anyone else had similar circumstances?

scrubbedexpat099

You sound like you want money from someone who is in the jurisdiction of a UK court.

clarissageo

I would like the father of the children to step up and take responsibility for his children, if that is what you mean.

Octang Frye

So, let me see that I've got this straight: you've taken the kids to a different country, away from their father, and now you want him to pay you for the privilege?

Good luck with that.

fatbrit

There is no federal-level agreement with the UK on this. However, there is one between the state of Ohio and the UK. Contact: http://jfs.ohio.gov/ocs/ to find out what it includes.

fatbrit

http://ocse.acf.hhs.gov/ext/irg/sps/...OH&CFID=165055

Tracym

Generally in the US visitation rights and child support payments are NOT connected.

Many would think that even if the children were living in another country, they're still his children and he should help pay to raise them.

Noone's said they can't visit him... or the reverse... Maybe not, but for all we know she could be sending them over to spend summers with him.

And perhaps he didn't mind her taking them.

Now... perhaps not to some of that, just, we don't know.

Elvira

Try asking at the Legal Issues board at the Motley Fool - www.fool.co.uk

(There's probably an equivalent board at the US Fool - www.fool.com, to get both sides.)

AmerLisa

Well how could the children be here without his permission?

Tracym

He could have objected, and she could have won in court.

Not saying that's so, but possible I believe.

clarissageo

I knew that some people would automatically go on the offensive, the whole 'you've taken the children away from their father blah blah blah' - well for your information here are the cold hard facts:

The father has had no contact with his children for two years, despite a court order being in place - his choice not mine, you can take a horse to water but you sure as hell cant make it drink.

We have been to court and gained permission to leave the juresdiction - by consent as in, he agreed for the children to go.

As someone else has said, contact and child support are two totally separate entities - but just to justify myself - The children are spending spring break in England, 2 weeks in the summer, and we are paying the bill for the bio father to come and see the children for another 2 weeks in the summer. Alternate Christmases will be spent in the US and the UK, and we have allocated times for the paternal family members to speak to the children on webcam every single day of the week. As yet, and we have been here for 5 weeks, none of them have been online at the set times to speak to the children.

Now if that makes me a total bitch for 'taking the children away from their father', when a plan has been put into place for him to see them, then so be it, but I can pretty much guarantee that no contact will take place, because that horse still wont drink that damn water.

If I cant get any child support, fine - yeah it will make things more bearable, but considering I've had an ongoing battle for the last 10 years to get a penny out of him then I'm sure we'll manage - but when you get in touch and ask him to help pay for football.... a measly $300 as a one off, compared to the $600 a month he should be paying as child support, and he tells you go go forth and multiply it kinda sets you off thinking 'who actually is going to enforce an order'. At the end of the day, refusing to help would only hurt the children, and they are the important ones.

Thankyou to those who have kept an open mind, and actually raised queries about the circumstances rather than jumping straight in, and also to those who have given links, I shall go take a look.

Rete

Wasn't this discussed a few days ago?

Why are you paying for him to travel to the US to visit with kids he hasn't seen in 2 years. Lady you had one hell of a lousy attorney and/or he held you for ransom. You pay for his flight and he gets a freebie vacation and now you want a US Court to force him to pay child support. I don't think that will happen.

clarissageo

Nope, I asked about if citizenship passed down to the children a week or so ago.