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American Paternity / Support question


Adams167

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For some months I have been chatting with a Thai woman (definitely NOT a BG, as if that makes any difference) who is married to a US citizen.

 

They were married approximately 4 years ago and have a son who is now around 2 1/2 years old, the marriage was registered at the US Embassy in Bangkok, as was the birth of the child who already has a US Passport.

 

Just over a year ago the husband left to return to the US, apparently intending to come back to Thailand ?once he found another job? here. This has not yet happened so in the meantime the wife is left in Bangkok to support herself and their son.

 

In all this time the wife has not asked her husband to contribute financially to his family in Thailand ? she has an office job and is too proud or embarrassed to ask him for money, fortunately she has a strong, supportive, family in Bangkok.

 

The son is now about to enter Kindergarden, and, obviously, afterwards to enter school full time, so the woman has recently suggested to her husband that he should start sending money to help fund his sons? education, however nothing has been forthcoming and, indeed, the chap seems to be of the opinion that he is under no obligation to do anything to help either his wife or his son.

 

I am British and I know that if her husband was a UK citizen she could demand, and legally enforce, that he support his family, but I am not sure of the situation under US law: Whilst I am certainly not looking for legal opinion from members of this Board I am hoping that someone can direct me to a Website or a Citizens Advice type resource where I can research exactly what rights this woman has under US legislation.

 

The woman is a truly nice person and it angers me in the extreme to see her treated this way.

 

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Since the son is an American Citizen, try sending (or taking) her to the American Citizen Services (ACS) section of the embassy. They should be able to at least tell what laws apply and maybe recommend a local lawyer with US experience.

 

Cheers,

SD

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Adams,

 

What do you mean "the marriage was registered at the US embassy in Bangkok"? The marriage was performed at the embassy and a certificate of marriage was issued? The embassy was notified that a marriage had been registered at an Amphur in Thailand?

 

Regards, JEff

 

Says Adams167:

For some months I have been chatting with a Thai woman ... who is married to a US citizen.

 

They were married approximately 4 years ago and have a son who is now around 2 1/2 years old, the marriage was registered at the US Embassy in Bangkok, as was the birth of the child who already has a US Passport....

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If she's been separated from him for a significant period of time, she can file for divorce on estrangement/abandonment, but I think that's governed by state law (and I have no clue what state would be used, probably the one he's registered in to vote). Be interesting what she'd get under those conditions.

 

While still married, not sure what the support laws are :(

 

Just hope the guy isn't trailer park, then there's little recourse for her as any work the guy gets would probably be under the table and can't be tapped by the gov't.

 

<<burp>>

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Me want say B4 .. "me no lawman"

 

.................................

I believe by Thai law the child support is 30B a day. It would be difficult for her to get a US lawyer to prove to a judge in the states that he should be paying US child support in a child in a developing nation. You simply dont need that much money here. Plus since they are still married, it will be near impossible. She would have to visit an international law company in bkk that has lawyers in the state. This will be expensive. Lets hope the guy finds a job soon.

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Could cause more trouble than good, but if it's really the guys child, he should be ponying SOMETHING up.

 

As for the expense of the lawyer, well if he's really trailer trash, yah, that's a problem. If he's middle class and the case is good, someone will take it pro-bono. One thing US doesn't lack is lawyers :(

 

<<burp>>

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In the US, family law matters such as child support are a matter of state law. From what you say, there's no legal separation or divorce. If so, there's no legally enforceable child support order. If the woman is serious about obtaining child support, she should seek legal advice from a competent divorce lawyer from the state in which the man resides. Usually, each jurisdiction will have some sort of child support schedule, with the amount of child support more or less dependent on the income of the parents. Once a support order is entered, the woman can take steps to enforce the order. For example, some states will allow for a wage assignment. Of course, if the guy isn't working and has no money, enforcing the order may be easier said than done.

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