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Hi, I email the child support division in u.s and they send me forms to fill up and then told me that they will try if they can help me to get court order in u.s I.already told them that I'm from PI and say that they will try to help me and I just need to send them the forms that they give me and my child's birth certificate and ask me if I have child support court order but if not its also OK. My ex is u.s citizen and I'm seeking help to have child support. Do you think they can really help me?
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Re: Us to Philippines child support
I wish to inform you that you may fill forms for child support. Generally child support amount is determined by court. If you are in Philippines then your attorney or a pro bono attorney may take your case and seek child support order. Each state provides services which can be performed by Child Support Division. States like Texas allow establishing and enforcement of child support. The Child Support Division determines, on a case-by-case basis services which may be rendered by them including establishing and enforcing child support orders.
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Re: Us to Philippines child support
In this case you can also contact the United States Central Authority for International Child Support.Comment
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I am sorry to say this but you will have no luck on getting a support order. U.S court lack jurisdiction to order child support. Even if you obtain a court order in the Philippines, you wont be able to register it in the U.S because it is not done right. No court can order support due to jurisdiction.Comment
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Re: Us to Philippines child support
The Philippines is not party to the Hague Convention on CS. Therefore it is unlikely you will obtain much help unless the father is in the military, in which case you should try to proceed through the branch he is in.Due to a recent promotion, I should now be referred to as Major Obvious.
I would not be trying to provide information and knowledge if I did not sympathize.
Some days it is just not worth chewing through the restraints to face life.Comment
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Re: Us to Philippines child support
Philippine court lack jurisdiction to order a child support from a person who lives or is a citizen of the United States. Even the U.S court don't have jurisdcition over child support order.
Child support agency cannot obtain an order for the person who resides in the Philippines. Neither they can collect monies from the a person without any valid child support order. A valid child support order is made by a court that has jurisdiction. In your case, no court will have jurisdiction over child support. So, you will have no luck in collecting child support.Comment
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Re: Us to Philippines child support
The US military frowns on it compliment creating and abandoning children. They would likely prosecute the soldier under the UCMJ. Paying support would likely influence the punishment if they are found guilty.Due to a recent promotion, I should now be referred to as Major Obvious.
I would not be trying to provide information and knowledge if I did not sympathize.
Some days it is just not worth chewing through the restraints to face life.Comment
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Re: Us to Philippines child support
The US court can order the support if you can arrange the right legal help. Much harder to do without the Hague Convention but it is possible still.
That's why the officials directed you to the state agencies.Comment
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Re: Us to Philippines child support
Military can't do anything unless there's a court order. If there is no court order they can't do anything from the paying parent. They can't prosecute if there is no "valid court order." Again, U.S court don't have jurisdiction to order child support for a child residing abroad. If they did, then it can be dismissed because a court cannot confer jurisdiction where none existed and cannot make a void proceeding valid. Again, military cannot collect order unless there's a court order to do so.Comment
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Re: Us to Philippines child support
Again, they cannot do it unless it is done right. Right as to jurisdiction. There's is no proper jurisdiction when they live in the Philippines. There's so many court order here in the US that can be challenge because they exceeded their power. When jurisidiction is challenged it must be dicided. Any judgments rendered without subject matter jurisdicton are "void ab initio", which mean it is void from the very start. Any money collected must be reimbursed when the paying parent filed for reimbursement in court.Comment
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Re: Us to Philippines child support
I don't know where you're coming from. But, U.S court can't order child support because they don't have power to do so. They lack jurisdiction to do so. When court lack jurisdiction, it can be dismissed. If there's already a court order it can be vacated. Jurisdiction must challenge in court that ordered it. Philippines is not even part of the Hague Convention. It is "Not Possible" to obtain child support order. No court has jurisdiction. Jurisdiction is the "important key" in order for the court to continue. If there's lack of jurisdiciton, it must be challenged and need to be dismissed or vacated in court.Comment
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Re: Us to Philippines child support
Apparently you are too dense to comprehend the law of soldiers, the UCMJ. Trying to explain how if the government chose to manipulate the situation they could does not register in your brain. Perhaps you should seek a soldier who has been prosecuted under the UCMJ to discover that they own you, while you are in the service. Hence the reason they can order you into a war zone you will definitely be killed in and whether you comply or go to prison.Due to a recent promotion, I should now be referred to as Major Obvious.
I would not be trying to provide information and knowledge if I did not sympathize.
Some days it is just not worth chewing through the restraints to face life.Comment
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Re: Us to Philippines child support
Would it make a difference if the foreign father is going in and out in the Philippines but is not a residence? Will that give them jurisdiction to demand child support? Can this be a base for them to restrict the foreign father from entering the country or set a hold departure case for not providing child support?Comment
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