International Child Support Cases

Child custody and child support obligations can become complicated when international family law issues are in play. To address your concerns involving an international child support case, contacting a qualified local child support attorney is critical.

State laws and procedures vary by state, and getting guidance on cross-border obligations and enforcement is critical. Seeking help from a family law attorney who can evaluate your case and advise you on how to proceed is wise.

Understanding International Child Support

Child support refers to payments made by the noncustodial parent to the custodial parent or a legal guardian to help with the expenses associated with raising a child.

International child support involves establishing and enforcing child support orders across national borders. International child support agreements specify procedures for establishing and enforcing child support orders across borders.

The United States government has international agreements with foreign countries to provide child support services.

Enforcing Support Across Borders

At the federal level, the Office of Child Support Services (OCSS)(part of the U.S. Department of Health and Human Services) is the U.S. Central Authority for international child support. The OCSS supports families seeking assistance when family members live in different countries.

The OCSS provides helpful FAQs for international parents dealing with child support arrangements and international child custody issues.

To apply for child support services in the United States, you should contact your state or local child support office to obtain an application. To find your state child support agency and contact information, you may use the OCSS online interactive map.

A state child support agency can be a valuable resource for:

• Locating a missing parent
• Establishing paternity
• Establishing a support order
• Collecting support
• Modifying and enforcing a support order

The U.S. Department of State is also involved in international child support enforcement. It will deny most passport services to individuals certified by the Department of Health and Human Services as $2,500 or more in arrears. It also encourages foreign countries to join the Hague Convention on the International Recovery of Child Support and Other Forms of Family Maintenance.

International Treaties and Agreements

Taking effect in January 2017, the Hague Child Support Convention facilitates greater cooperation and streamlined case processing among participating countries. The OCSS lists the countries the U.S. government has arrangements with to provide child support services.

States within the United States process cases with certain signatory countries under reciprocity arrangements. These arrangements include the following:

• The Hague Convention countries: countries that have joined the Hague Child Support Convention
• Foreign reciprocating countries: Canadian jurisdictions and countries that have bilateral reciprocal agreements with the U.S. government but have not joined the Hague conference

You may access the Hague Child Support Convention forms in English. These forms comply with the convention and reduce the complexity of the international legal process for all convention countries.

Jurisdiction and Legal Complexities

In cases where child custody disputes become especially heated, the case might turn into a case of international child abduction. According to the U.S. Department of State, a parental child abduction involving an American child occurs when a child is removed or retained outside of their country of habitual residence, and the removal violates another parent or guardian’s custody rights.

The Department of State’s Office of Children’s Issues helps prevent international parental child abduction both from the United States and to the United States and promotes Hague Abduction Convention goals.

Before the child support agency of the parent’s home state prepares a Hague Convention form and translates the document, the Office of Child Support Services (OCSS) recommends consulting with legal counsel to ensure compliance with international regulations.

Practical Guidance for Parents

As explained above, several government agencies assist in international child support cases. But you do not need to rely solely on guidance from these sources. A local child support attorney can help you understand child support obligations under the child support laws of the applicable jurisdictions.

An attorney can help you navigate the unique challenges involved with child support orders in an international child support case. Get help today.