My question involves child support in the State of: California
Spouse is a foreign national of a country that does not recognize visitation rights (one spouse gets total custody), and also holds child support orders to be unenforceable. Our permanent residence is in CA. Marriage was registered in CA. Spouse issues a divorce in the foreign country and a divorce agreement is obtained from the family court of the foreign country.
1) Will the CA family court recognize the divorce agreement, or can it be set aside? I have heard that any agreements touching or waiving child support are considered to be a divestiture of the CA family court jurisdiction and will be considered invalid.
2)Suppose spouse absconds with the children to the foreign country. Can the spouse later sue for child support and enforce the order in CA, despite being unenforceable under the laws governing the divorce agreement?
3) If the agreement can be set aside in CA, how can visitation rights be enforced if the children are in a country that does not enforce them, and will treat visitation as trespassing?
Spouse is a foreign national of a country that does not recognize visitation rights (one spouse gets total custody), and also holds child support orders to be unenforceable. Our permanent residence is in CA. Marriage was registered in CA. Spouse issues a divorce in the foreign country and a divorce agreement is obtained from the family court of the foreign country.
1) Will the CA family court recognize the divorce agreement, or can it be set aside? I have heard that any agreements touching or waiving child support are considered to be a divestiture of the CA family court jurisdiction and will be considered invalid.
2)Suppose spouse absconds with the children to the foreign country. Can the spouse later sue for child support and enforce the order in CA, despite being unenforceable under the laws governing the divorce agreement?
3) If the agreement can be set aside in CA, how can visitation rights be enforced if the children are in a country that does not enforce them, and will treat visitation as trespassing?
Establishing an Order: Child Support when Spouse is in a Jurisdiction That Does Not Enforce Child Support
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