Child support

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bob2lan
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Child support

Postby bob2lan » Thu Jan 31, 2013 1:56 pm

My husband pays child support on his own for his son - who lives in Peru with his mother (he is a US citizen). While he pays several hundred dollars a month and more when expenses arise - she keeps requesting more and threatens to get him arrested if he comes to Peru to visit. We are planning on going next month to see his son and am wondering if anybody knows if it is possible she can have him arrested? She illegally took him out of the US back to Peru a couple of years ago and his son is a US citizen.


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Re: Child support

Postby Michelle95 » Thu Jan 31, 2013 4:33 pm

It seems like your husband needs to consult with (1) the US Dept of State in the US, especially the Dept of Overseas Citizens Services, (2) a lawyer specializing in international family law, and (3) the Peruvian consulate in the US. Hopefully he has a court statement indicating what he is legally obligated to provide as far as child support, and bank receipts or evidence of money transfer orders showing that he has met that obligation, and then some. I would suggest making sure that someone in the US has a copy of those, and also bringing at least one full set of copies with you. If you need to present those to a legal authority here in Peru, you would most likely need official translations. Can she legitimately have him arrested? I don't know anything about that, but I have heard many stories of people paying bribes here in Peru to police and judges to have someone arrested. For his sake and his son's, good luck.
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Re: Child support

Postby Chucky » Thu Jan 31, 2013 6:24 pm

I would treat this situation carefully and contact a family law attorney in Lima. Your post raises several potential issues, not the least of which is whether the mother even has legal custody of the child. Was the child born in Peru or the U.S.? If born in Peru, is the father listed on the birth certificate and/or was there a dna test performed to verify that he is the biological father? If she does have legal custody of the child and she can prove your husband is the biological father with this type of evidence, the mother would have a better chance of getting some type of child support order in Peru. Whether the amount your husband has been paying is sufficient would be another issue. All things to think about. Best of luck and keep us informed.
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Re: Child support

Postby renodante » Fri Feb 01, 2013 2:38 am

We are planning on going next month to see his son and am wondering if anybody knows if it is possible she can have him arrested?


For U.S owed child support? I'd wager there's not a chance in the world.
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Re: Child support

Postby bob2lan » Fri Feb 01, 2013 9:02 pm

Thank you for your responses. We have already contacted a lawyer here regarding her taking their son out of the country illegally but he says it would cost over $100,000 and we probably still wouldn't get any results. Looks like the next step is to contact a family law attorney in Lima. His son was born in the US and lived here for 9 years (they had joint custody) until she took off due to her own legal issues here. His son even had a hold on his passport so he couldn't leave the US without my husbands permission but she said she was just going to "visit" Peru for the holidays and ended up staying there. Many sleepless nights worrying about what might happen when we visit him in a couple of weeks but he needs to see his son.
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Re: Child support

Postby Kelly » Sat Feb 02, 2013 1:28 pm

She has kidnapped a child. If anyone should be scared, it's her.

http://www.hcch.net/index_en.php?act=te ... lay&tid=21

Find out what your options are, and don't let her bully you.
bob2lan
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Re: Child support

Postby bob2lan » Sun Feb 03, 2013 12:26 am

Thank you, Kelly.
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Re: Child support

Postby bob2lan » Fri Feb 22, 2013 12:35 pm

So we are in Peru and the exwife has threatened my husband with getting arrested. I don't know if that's possible and the embassy wasn't much help there. She wants us to sign an agreement in Peru saying we'll pay $700 a month. My question is if we sign it here - will it be valid in the US? $700 in Peru is a lot of soles and is a ridiculous amount. We want to sign it just so she won't try to get him arrested. But we are not about to pay that amount when we get back home. Unless it's enforcible? This is a nightmare.
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Re: Child support

Postby victmanu » Fri Feb 22, 2013 12:46 pm

700 u.s dollars is not a lot in Peru. It is 1500 soles now maybe at the end of the year it would be 1300 soles .
a decent and not expensive private school in Lima, charge 800 soles or more.
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Re: Child support

Postby sunflower » Fri Feb 22, 2013 6:28 pm

Not sure which exchange rate you use, but when using the one from the BCRP today we are talking about approx. S/. 1800 per month. For an average Peruvian that's a lot of money. If it's a lot for bob2lan and her husband depends on their monthly income. And that should be the base for calculating the child support. Personally I wouldn't sign anything. I would immediately see a lawyer, explain the case incl. the abduction and the threats. On the other hand it's quite simple: if the mother has the father arrested then he might end up staying for a longer time in Peru. He surely loses his job and then he can't pay a dime. If that's what she wants (I would ask her that), then she might even go and put her extortion plan into action.
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Re: Child support

Postby sbaustin » Fri Feb 22, 2013 6:48 pm

I would caution you that a public internet forum is not the best place for legal advice and also realize your posts are open to the public so whatever you write here could potentially be used in your case against you (assuming you could be identified).
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Re: Child support

Postby victmanu » Sat Feb 23, 2013 1:22 am

You are right I made a mistake, I was thinking it was 600 dollars.
the street exchange rate is 2.53, So 700 dollars are today 1771 soles.
It is a lot for a poor family but not for a middle class family.
a school like Juan XXIII might charge 800 soles per month not including tuition fees and other costs. Uniform and sport uniform for the kid and stuff for the school like pencils , notebooks, books, etc, will cost at least 600 soles,transportation per day 4 soles, food for the lunch box 8 soles etc. not counting expenses like apartment rent in a district like San Miguel about 1000 soles a 2 bedroom apartment.

1771 soles is not a lot for a short family. It would be a lot of money if You send your kid to a public school or a very cheap private school and live in a place like callao or rimac very cheap and unsafe neighborhoods. If you feed your kid with lot of rice , lot of potatoes lot of bread and a steak every twoo weeks and a piece of fish once in a while and few fruits and not so much vegetables. A carton of milk cost more than 4 soles a half of kilo of eggs cost about 3 soles .
if you buy very cheap or second hand shoes shoes and very cheap sneakers if Your kid dont practice sports. if you buy a soccer ball and he hang with his friends playing soccer on the streets every day after school schedule. 1777 soles will be a fortune. But That kind of life is a very poor life and for sure You can save a lot of money but your kid is not gonna grow up in a healthy ambience and after that You will bet his future will be very limited..

I am not judging anyone just showing some facts . the cost of life of Lima is not so cheap. To be fair you have to check the prices of what your kid needs to grow up healthy and educated . if you can afford it.
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Re: Child support

Postby bob2lan » Sat Feb 23, 2013 10:13 pm

We are home - $5000 later and a lot of worry about getting out of the country. The victim here is my husband's son - who just wanted to see his father. The ex demanded $700 up front and said she was going to call the police if we didn't give her the money right then and there. Also brought 2 lawyers - one of whom walked out and wished us luck due to her unreasonableness about the whole situation as she demanded 1000 US dollars a month and wouldn't take anything less AND she couldn't wait until Monday to meet with the lawyers (as we contacted one and could get an appt for Monday) Her last words when we wouldn't sign paperwork at the hotel without having them translated for us and with no lawyer present was "Have fun in jail if you try to leave the country". So needless to say- we were scared to death wondering if she would try and prevent us from leaving or accuse us of something just for the heck of it. US Embassy still couldn't help as nobody is there after 12:30pm BUT the US State Dept in DC was able to advise us and as mentioned above - told us to report the international kidnapping - which we will do Monday. Thanks for the responses - his son does not go to private school and we could never afford $700 a month. We've been sending several hundred US dollars a month and helping out with any expenses that come up like clothes and school supplies but she is money hungry. His son is almost 12 and if we can't get him back to the US - we will just have to hope he comes when he is 18. I feel for anybody that has to go through similar situations as I've seen quite a few during my research. I'm just really heartbroken for his son - as he wants to come live with his father in the US. Sorry for the rambling - it's been a rough 48 hours and no sleep. =)
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Re: Child support

Postby MarcoPE » Sat Feb 23, 2013 10:29 pm

bob2lan wrote:We are home - $5000 later and a lot of worry about getting out of the country. The victim here is my husband's son - who just wanted to see his father. The ex demanded $700 up front and said she was going to call the police if we didn't give her the money right then and there. Also brought 2 lawyers - one of whom walked out and wished us luck due to her unreasonableness about the whole situation as she demanded 1000 US dollars a month and wouldn't take anything less AND she couldn't wait until Monday to meet with the lawyers (as we contacted one and could get an appt for Monday) Her last words when we wouldn't sign paperwork at the hotel without having them translated for us and with no lawyer present was "Have fun in jail if you try to leave the country". So needless to say- we were scared to death wondering if she would try and prevent us from leaving or accuse us of something just for the heck of it. US Embassy still couldn't help as nobody is there after 12:30pm BUT the US State Dept in DC was able to advise us and as mentioned above - told us to report the international kidnapping - which we will do Monday. Thanks for the responses - his son does not go to private school and we could never afford $700 a month. We've been sending several hundred US dollars a month and helping out with any expenses that come up like clothes and school supplies but she is money hungry. His son is almost 12 and if we can't get him back to the US - we will just have to hope he comes when he is 18. I feel for anybody that has to go through similar situations as I've seen quite a few during my research. I'm just really heartbroken for his son - as he wants to come live with his father in the US. Sorry for the rambling - it's been a rough 48 hours and no sleep. =)


I am relieved that you didn't sign any documents....especially without intentions to pay because, later on, it would just look worse for your case. I am surprised that your lawyer walked out, I wouldn't pay him one penny more than what you paid him already, if he asks. Do exactly what the state dept said to do and report it as kidnapping.. at this point, it may not JUST be about who is wrong and who is right but who has the evidence to back them up .... so keep records of every penny you have sent (which I assume has been done). During my arbitration training, we quickly learned that divorces and custody are the two worst cases that you have to deal with and the parties involved can become extremely petty to the point of pure evil. It seems you are on the right track and I wish you the best of luck!
Last edited by MarcoPE on Sun Feb 24, 2013 12:27 pm, edited 1 time in total.
bob2lan
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Re: Child support

Postby bob2lan » Sat Feb 23, 2013 10:53 pm

Thank you. It was not our lawyer that walked out, but hers. We couldn't get a lawyer to meet with us until this coming up Monday but she would not wait that long. As we don't speak Spanish - we didn't know what was going on. I appreciate your comments and believe me, it has become a goal to get him back home. Her comment when she found out we had a lawyer was "why are you going to spend money on a lawyer and trying to get out of the US when all you have to do is sign the paperwork?" Thank goodness instinct took over and nothing was signed.
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Re: Child support

Postby dendrojosh » Sun May 12, 2013 8:46 am

If you have dual costody of the child in the US, couldn´t you just go get him and bring him back with you? You are his father and have legal dual custody. I don´t see how she can get you arrested. And I don´t see how she could legally come after you if you did jus that.

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