July 2011 Archives

July 9, 2011

International Recovery of Child Support

Howard County Maryland has a diverse population from all over the world. In order to effectively serve these clients, Maryland Divorce and Family Law Lawyers need to stay abreast of international law issues. My previous postings have discussed international child kidnapping issues and a recent Court of Appeals opinion refusing to recognize a decree of divorce entered under the law of Pakistan that discriminates on the basis on gender.

One recent lawsuit in my practice involved various international agreements for the collection and enforcement of child support. These include the 2007 Hague Convention on the International Recovery of Child Support and Other Forms of Family Maintenance that has been ratified by the United States Senate. It also includes various agreements that have been negotiated between the United States State Department and various foreign nations. The list of reciprocating nations can be found on the website of the Office of Child Support Enforcement, Administration for Children and Families, U.S. Department of Health and Human Services.

The treaty and laws of most foreign nations recognizes personal jurisdiction over individuals under circumstances that would violate fundamental principles of due process under the United States Constitution. The format of this site does not permit a complete discussion of how the conflict of laws should be resolved. However, the leading case on due process issues involving family matters is Kulko v. Superior Court of California . My memorandum explains these issues in detail and was found to be persuasive by the Office of Child Support Enforcement and the Circuit Court for Howard County. It is posted in full as a part of my law office website discussion of the International Aspects of Family Law.