Legal Question in Family Law in Texas

Child support if father in Mexico?

I am a Canadian workiing in US as a teacher under a green card. My four year old son was born in US. Father lives in Monterrey. Father refuses to come live with us or let us go to Monterrey to live with him. I am ready to divorce my husband as I can no longer live like this. I was told here i can petition for a divorce through texas and have him served in Mexico since that is where he lives. I have 2 questions: 1.) Worst case scenario, how long can the divorce process take if he refuses to divorce me? 2.) Is there any way to make sure he pays childsupport if he lives in Mexico?

Any help is appreciated, Thank You


Asked on 7/05/07, 10:35 am

1 Answer from Attorneys
James Grissom Law Office of James P. Grissom

Re: Child support if father in Mexico?

If you file for divorce in TX, he can't refuse to divorce you. That is a choice you are making and a claim you are presenting to the Court which you can prove. As far as the child support, that would be difficult to enforce in Mexico. Although the U.S. and Mexico have a treaty to enforce each other's judgments, they are enforced in Mexico under the laws of Mexico. So, unless he happens to have a U.S. connection, it would be difficult if not next to impossible to collect child support from him on a TX order. However, you could file for divorce in Mexico and use that order to obtain and receive child support. I could help you with that if you wish. Contact me by email if you want more information.

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Answered on 7/05/07, 11:10 am


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