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How to enforce a legal matter filed in USA in the Netherlands? Child Support

Tagged as: Big Questions, Dating, The ex-factor<< Previous question   Next question >>
Question - (9 November 2010) 4 Answers - (Newest, 10 November 2010)
A female United States age 36-40, *locin writes:

How can I enforce a legal matter filled in USA in the Netherlands? Child Support Matter?

My boyfriend and I (EX Boyfriend NOW) were having a relationship for more than 10 months. I am from Miami and he is currently here in a J1 Visa, what it means that he has to go back to Holland no latter than February. Now im 3 months pregnant and he is denying the patternity of the child. Of course I sue him requesting a DNA test and child support. Again he denyied being the father of the baby but he is going to take the patternity test. My due date is May 31st and that means that he will not be in the USA for that specific date. I need to enforce the same legal matter in the Netherlands, because he is trying to escape his responsabilities. And I am 300% sure that he is the father, no doubt about it.

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A female reader, sugarcandy United States +, writes (10 November 2010):

I'm not a lawyer-

But you won't be able to go through the U.S. court system, and on the flip side I doubt the Netherlands will be able to enforce the child support on his end because you are an American citizen...

Now!

The first step, I would say, in getting support would be, getting a paternity test and once the baby is born, securing dual citizenship for the child.

That would be the only way I foresee any judicial system working between the two countries.

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A male reader, anonymous, writes (9 November 2010):

There is no treaty in force between the United States and any other country pertaining to the enforcement of child support orders or any other court decrees.

Unless he works for an American company you won't be able to go through US courts.

The first step in the complicated process of obtaining child support enforcement abroad is to contact the office of child support enforcement in your state. They should be able to advice you on your options and if it's possible to make a claim.

It may be necessary for you to initiate a child support enforcement action in the courts in the foreign country. This usually will require retaining the services of an attorney abroad, travelling there and may require your child to spend a considerable portion of the year in Holland.

I'd advice you to try to work it out without going to court if possible. It may end up being very expensive to fight this out in court just so you know. As a foreign citizen you won't be eligible for legal aid.

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A female reader, chigirl Norway +, writes (9 November 2010):

chigirl agony auntAfter familiarizing yourself with your country's laws on this matter, you could also call the dutch embassy. But they won't be able to help much there, unless you know there's nowhere else to call. You might have to make an international call or two to try and reach some jurisdictional enforcers in the Netherlands.

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A female reader, chigirl Norway +, writes (9 November 2010):

chigirl agony auntCall a lawyer near you and ask for how you should proceed. Before a consultation inform them what the matter is about and ask for a price for the service in advance, so you know if you can afford the legal help or not (or at least be prepared for the cost of a lawyer). Other than that you could call around and see if you find a place where they give free legal advice. I would also suggest you call the police to know where to go from here.

You are doing the right thing getting on top of this right away. I believe you will be able to handle it, but it also depends on the laws in your country. It will always be harder to get by on your own without a man to help with the child, and the child support is not huge. But it is better than nothing.

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