Can my daughter petition for my ex husband to come back to the US to pay his child support? 9 Answers as of January 24, 2012

Your daughter can file for her father if she is a US citizen. He will also need to overcome his deportation.

She can petition him. However, whether he needs to file for a waiver or will be barred depends on his deportation and criminal history.

She can petition for him if he is her father in terms of having married you prior to her turning 18. However, depending on the conditions of his deportation order, he may not be able to get a visa on the basis of an even approved petition filed by her if he has not yet satisfied the conditions of his deportation order.

The answer depends upon the grounds for his deportation. If he requires a waiver, it may be difficult to petition for him unless your daughter will suffer extreme hardship if he is not allowed to re-enter the country. The fact that he owes back child support may not be sufficient as there is no guarantee he will pay the money owed once in the U.S. The fact that he owes child support will likely work against him especially if he has willfully failed to pay. It could be excusable if he was unable to pay, but if he did have income and just refused to pay it would likely hurt his case.

Yes he would be an immediate relative if he is her father and she can petition him for permanent residency but he will need a waiver because of the deportation and the cost of this process may exceed what he owes for child support. You should talk to a family law attorney and determine if your judgment for child support would be recognized in the overseas country where your husband resides.

Generally, once a citizen turns 21 they can petition (file papers) for their parent to obtain an immigrant visa, which they can use to enter the United States and become a U.S. Lawful Permanent Resident (also known as "getting the green card"). Indeed, she can petition for her father. Whether he will be granted an or not depends on the circumstances of his deportation and when it occurred. If the question you really want to know is whether you can enforce a child support order overseas, ask a family lawyer with experience in this area. You may also be asking whether if, once he does return, you could enforce a child support order. again, that is an issue for a family lawyer.

He owes Child support no matter what. But your ex needs a waiver otherwise he is barred for 10 years after deportation.

United States Citizen Child after coming into age and being able to provide affidavit of financial support/co-sponsor (joint sponsor) can always petition to bring her father into the United States. However, your ex-husband will be subject to requirements of a waiver that he will need to receive in order to overcome previous deportation orders unless required amount of time had passed since his leaving the country. The matter of outstanding child support will be within the purview of family court which issued support orders or other court who may have jurisdiction over this support order.

If she is 21 she can petition for him but depending upon when and why he was deported he may have inadmissibility issues. Also, even if she is successful there is no way to force him to come here. Even if he came here you would have to speak to a family/custody attorney regarding child support.