Can my friend receive child support after being deported to Mexico? 3 Answers as of January 24, 2011

My question is if my friend has been deported to Mexico and she have filed child support, can she get child support money and live in Mexico with her son because she is not legal in this states. What can happen with that no-custody parent? And if her son doesn't have his last name, can she take to Mexico without the permission of the non-custody parent?

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Law Office of Joseph A. Katz
Law Office of Joseph A. Katz | Joseph A. Katz
It is definitely possible (though not common)for your friend to receive child support payments while in Mexico. Such payments, if not voluntary, would have to be ordered by the Court in the action she filed up in the United States. An Attorney can appear for her. Regarding the 'no custody' parent, what do you mean, "What can happen?" Regarding taking the child to Mexico without the other parent's permission, it depends. Technically, she should not have taken a U.S.citizen child to Mexico without the other, U.S.citizen's,parent's permission. As a practical matter,if the parents were not married, or if the father was not on the birth certificate and there is no Paternity case pending, paternity still has not been established and she can do what she wants.
Answer Applies to: California
Replied: 1/24/2011
Law Office of L. Paul Zahn
Law Office of L. Paul Zahn | Paul Zahn
Mexico has reciprocity with the United States. As such, they will enforce support orders against paying parties living in their country, and they will process and forward payments received for paid parties living in Mexico. The last name has no impact if she is the custodial parent.
Answer Applies to: California
Replied: 1/20/2011
Law Office of Curry & Westgate
Law Office of Curry & Westgate | Patrick Curry
If you have a valid court order for support, it does not matter where you live. It is difficult to go to Mexico without the other parents signing the appropriate form.
Answer Applies to: California
Replied: 1/20/2011
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