Legal Question in Family Law in Mexico

Owes child support and moved to Mexico to avoid paying

We live in Florida and father moved to Mexico to avoid paying child support and says he will become a citizen there. Can he be brought back and forced to pay and if he becomes a citizen of Mexico does that let him off the hook for life? If he comes back in the USA whether he is a citizen of Mexico or USA will they arrest him? Will the legal system do something to help me force him to fullfill his obligation?


Asked on 3/22/01, 6:33 pm

1 Answer from Attorneys

Romelio Hernandez HMH Legal

Re: Owes child support and moved to Mexico to avoid paying

I doubt that you'll be able to bring him back to the State or anywhere. However, he is obligated to pay and such obligation can be enforced in Mexico. There is an Inter-American Convention on Food Providence (obligaciones alimentarias) enacted by the Organization of American States, which would very much help your case. It provides a lot of issues including governing law, jurisdiction (venue) and international judicial assistance. Generally, it provides assistance to obtain such child support obligations when debtors live outside the creditor (in that relationship) residence, for instance, you, the mother in Florida and him, the father in Mexico. I am pretty sure that the United States is part to the Convention (Mexico is) but nevertheless, you should ask your attorney in the States. There is also a similar Convention from the United Nations but dates back to 1956 (The Inter-American Convention was enacted recently in 1989, signed by Mexico in 1994). In any event, you should have no problem making someone pay his parental or child support obligations in Mexico.

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Answered on 6/14/01, 9:15 pm


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