Non-US Citizens and Child Support
Though non-US citizens are not entitled to many of the services and rights that US citizens are, they are still entitled to child support payments when they are taking care of their children without the other parents’ support.
While non-citizens are entitled to child support payment, they are also responsible for making child support payments whenever they are the non-custodial parents of their children. A non-citizen that fails to pay child support may face residency complications.
If You Are the Non-Citizen
If you take care of your children but are not a citizen of the United States, you may still be entitled to child support payments from your children’s non-custodial parent. This usually only applies if you still live in the United States. To fight for child support payments, you will need to:
- Establish paternity or maternity
- Bring the case before a court in the state where the child was born
It is important to note that you may only be entitled to child support if your child is a citizen of the United States. This means that the child must:
- Have one parent who is a citizen
- Be born in the United States
Even though you may not be a citizen, a court will likely want to ensure that your child is properly cared for, so you should pursue child support if these conditions apply to your case.
If the Non-Custodial Parent Is the Non-Citizen
If your children’s non-custodial parent is not a citizen of the United States, you may face a tougher time gaining child support, especially if the parent has left the country. If the parent has not left the country, then he or she may be responsible for paying child support or else face:
- Deportation
- Difficulty gaining citizenship
- Revocation of work visas
Courts will usually rule in your favor when you care for a small child since they have concern for the child’s wellbeing.
Contact Us
If you are a non-citizen seeking child support or a citizen seeking child support from a non-citizen, you may face a difficult road ahead. For help pursuing support, please contact the Austin child support lawyers of Slater & Kennon, LLP, at 512-472-2431.