How do I get child support from a father living overseas?
Dear Mrs Macaulay,
I would like your legal advice on how to go about getting financial help for my child from her father who is living abroad. I don’t have a specific address nor do I have a contact number.
The last time I saw him was in August 2006, but he has been to the island several times since. He has managed to stay clear because he refuses to stand up to his responsibilities. I cannot manage alone because I am presently pursuing a career full time.
-Frustrated Mother
Dear Frustrated Mother,
You obviously need your child’s father to contribute to the expenses related to raising your daughter. Let me then see what assistance I can give to you.
First, if her father’s name and particulars are not on her birth certificate, you will have to apply for a Declaration of Paternity. You must also apply for orders of custody and maintenance. If his name and particulars were already registered following her birth, then you will not, of course, need a court to make a Declaration of Paternity. You would only need to make your applications for custody, care and control and for maintenance.
Your first problem however, is the fact that you do not know his address. You see, he has to be served with your application, on which the date of hearing would appear. He must generally be served at the address stated in your appliction as his address of residence. You would have to prove such service on him in an affidavit of service, stating the time, date and place of service on him.
The hearing of your application will not proceed on the date of hearing, unless you can prove personal service on him or you have applied for and been granted an Order for Substituted Service. To obtain this, you have to disclose to the court in an affidavit, the reasons why the usual rules of service cannot in the circumstances be adhered to.
In your case, that he has been avoiding his parental obligations; you do not have his exact address but you know the city or town where he lives and works; that he reads, to your knowledge, a particular newspaper; and, that he also visits his family here every August or whatever month, and with whom he stays and at which address. You then ask in your application that service be effected on him, by way of the publication of a notice of the application, in the newspaper he reads, and on the particular family member with whom he stays when he is here.
If you cannot overcome the problem of how to give him notice of your application, then you have failed before getting very far with it. He must know about it and have the opportunity to appear and answer your application or not as he chooses. Once you prove to the court that he has been duly served, it can proceed and make the orders sought by you against him in default of his appearance. This order will be binding on him after it is also served, unless he applies to have it set aside and grant him time and permit defence.
The next problem which you must then sort out, is if he lives in the United States of America and whether it is in one of the states, with which we have reciprocal arrangements to enforce our respective court orders. If it is not one of them, then you will not be able to enforce your orders against him there. You will in that case, always have to get the court to move against him for his contempt of the court by his breach of the orders, as soon as he sets foot in Jamaica.
If he lives in England or any other Commonwealth country, then there will be no problem with having the orders resealed and enforced there. If he lives in a foreign country other than the US, the same conditions will apply. There must be treaty arrangements of reciprocity for the enforcement of judgements and orders, before any Jamaican orders can be enforced against anyone living in any such country.
Please go to an attorney-at-law, or go to the Family Court, where they will help, as you can act for yourself there without fear. It was established with this in mind, to ensure that everyone who has a need for family court orders can have free access to the court. All the best wishes.
Margarette May Macaulay is an attorney-at-law and a women’s and children’s rights advocate. Send questions and comments via email to allwoman@jamaicaobserver.com or fax to 968-2025. We regret we cannot supply personal answers.
