Custodial Parent Lives Out of Country - Do I Have to Pay Child Support?

[CdvDiaz]

My ex-wife lives in South America with my two children, none of which are U.S. Citizens nor current established U.S. residents (ex included). We married out of the country, divorced in Florida where we lived at the time. Do I still have to pay my ex-wife the FL court-ordered child support? If so, will a judge consider modifying it for these circumstances (living in a poverty-level country)? She will not allow my children to visit me in the U.S. which is another case I wish to open but not sure how.

Thank you.

[Attorney Cheri Hobbs]

If you got divorced in Florida and THEN your ex moved with the children to South America you can file a Supplemental Petition for modification of Time Sharing and child support. That will enable you to speak to the court about the difficulty in seeing the children (which she is withholding from you) and modifying child support. You would have to have her personally served with this supplemental petition. You may also file a Motion for Contempt/Enforcement on the withholding children issue if time sharing was ordered and then she relocated. If she relocated without the court and/or your consent then that is another issue.

[CdvDiaz]

Attorney Hobbs,

Thank you for your input of expertise. My ex-wife had actually left the United States BEFORE our divorce was finalized and I did not want her to go. We were to mutually agree on visitation set-up and the court order does say for school vacations and holidays on my time. My wife now flat-out refuses to let our children return to the USA to visit me on their school vacations. I am, however, sending her the appropriate amount of child support funds and sometimes even more than that per month.

Considering the circumstances I've outlined in my previous thread and this one, would this be a case that your firm has the expertise to handle? I've encountered a few attorneys that are unfamiliar with how to approach it with the crossing of international lines and laws. Our divorce decree was ordered in Orlando.

[Attorney Howard Iken]

We can handle this on the Florida end. But you will need a competent attorney in South America. The attorneys on each end will have to work together.

Attorney Howard Iken