Can my ex wife demand child support even though she lives in the US and is married to her sponsor? 5 Answers as of February 17, 2011

I have a child with a Filipino woman and we had DNA done proving that the child is mine. The child was born in the Philippines. The mother has been in the US for 4 months and married another man who petitioned for her and the child to come to the US. Can she apply for child support for the child even though she is married to her sponsor?

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Feldman Feldman & Associates, PC
Feldman Feldman & Associates, PC | Lynne Feldman
Yes. In the U.S. the Court will look out for the best interest of the child and will make sure both parents support the child and both parents have fair custody and visitation with the child. I would recommend you contact a family law attorney to protect you and your interests and work out a fair arrangement for custody, visitation and support. Additionally if you had originally sponsored your ex-wife you signed an Affidavit of Support which is enforceable in family law court.
Answer Applies to: California
Replied: 2/17/2011
Law Office of Donna Nanan, PL
Law Office of Donna Nanan, PL | Donna Nanan
Yes (assuming you are working in the United States).
Answer Applies to: Florida
Replied: 1/31/2011
William C. Gosnell, Attorney at Law
William C. Gosnell, Attorney at Law | William C. Gosnell
Yes, she can demand child support.
Answer Applies to: Tennessee
Replied: 1/29/2011
Law Office of Immigration & International Trade Law
Law Office of Immigration & International Trade Law | Linda Liang
Yes, she can.
Answer Applies to: Florida
Replied: 1/27/2011
Theresa E. Tilton, Attorney at Law
Theresa E. Tilton, Attorney at Law | Theresa E. Tilton
Yes, she can petition a court for child support from you, the child's father, even if she is married to another man, who is her immigration sponsor.

The law views child support as a right of the child, not a right of the parent.

You could counter-petition for visitation. You could also petition to declare your child as a US citizen, N-600.
Answer Applies to: Washington
Replied: 1/27/2011
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