If I have legal custody of my child and we live overseas, how do I get the mother to pay child support that she refuses to pay?

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If I have legal custody of my child and we live overseas, how do I get the mother to pay child support that she refuses to pay?

I have legal custody of my child. I now live out of the country (military). Mother lives in the states (she legally gave up custody). Mother was receiving payment for an older son that remained with her but now is 20. She did not pay for my child that lives with me. When asked, mother now says she doesn’t want to pay child support for the younger child. What options do I have to make this as fair as possible for my child? She is a full time employee of the USPS.

Asked on November 7, 2011 under Family Law, Alaska

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

This is going to be a very difficult endeavor since you now live out of the country with your child.  You list Alaska as your state here.  Is that your legal state of residence?  Then when you are on leave in Alaska and you are with your child you should make an application to modify the child support portion of the agreement and to ask for some mechanism for her employer or the state to pay you directly.  You need to bring any action involving a child in the state where the child resides.  That is how the court obtains jurisdiction - which is the right to make decisions - over the child. Please get some legal advice from an attorney at home.  And than you for your service to our country.  Good luck. 


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