What Happens When the Paying Parent Relocates Overseas?

When a parent responsible for paying child support or maintenance relocates overseas, it can complicate the enforcement of the support order. In cases where a paying parent moves to another country, child support payments can be disrupted, leading to potential delays or non-payment. However, there are various legal frameworks and international treaties aimed at ensuring that child support obligations are still met, even across borders.

Legal Mechanisms for Child Support Payment When a Parent Relocates Overseas

International Treaties and Conventions

Several international treaties provide mechanisms for enforcing child support and maintenance obligations across borders. The most prominent of these is the Hague Convention on the International Recovery of Child Support and Other Forms of Family Maintenance (2007). This treaty is designed to ensure that maintenance orders issued by a court in one country are enforced in another country.

Hague Convention

Countries that are signatories to the Hague Convention cooperate in the enforcement of child support orders, even if the paying parent has relocated to another signatory country. However, India is not a signatory to this convention, which limits the application of these international measures within India.

Reciprocal Enforcement of Maintenance Orders (REMO)

For countries that have bilateral or multilateral agreements with India regarding maintenance (including child support), the Reciprocal Enforcement of Maintenance Orders (REMO) provides a mechanism to enforce orders across borders. Countries like the UK, USA, and some European nations have agreements with India to enforce family support orders. If the paying parent moves to one of these countries, the custodial parent can approach the relevant foreign authorities to have the child support order enforced under these agreements.

Domestic Law and Enforcement

In the absence of international treaties, the custodial parent may need to pursue enforcement through domestic law, which can be a complex process. For instance, the custodial parent can file a petition in the Indian courts to compel the paying parent to fulfill their financial obligations. However, this process is often slower and can involve significant legal and procedural hurdles.

Garnishment and Attachment of Wages

Some countries may allow the garnishment or attachment of wages for child support obligations, even if the paying parent is living abroad. If the parent works in the country they relocated to, the custodial parent may be able to request the local authorities to garnish wages directly from the paying parent's employer. This is more common in countries like the USA, UK, and Australia, where legal systems facilitate cross-border wage garnishment.

Enforcement Through Local Courts

In some cases, the custodial parent can approach local family courts or child support agencies in the paying parent’s new country for the enforcement of child support. The court in the country where the paying parent resides will assess the Indian court’s child support order and may take steps to enforce it under the laws of that country. However, this process can be complicated and often requires a detailed legal process for recognition of foreign judgments.

Intermediary Agencies and Child Support Collection Services

Some countries have child support enforcement agencies that help custodial parents collect child support, even if the paying parent has moved abroad. These agencies can act as intermediaries and help track the paying parent, as well as collect and transfer the support payments. Some of these agencies offer international services that can assist in collecting child support from a parent living in a different country.

Actions the Custodial Parent Can Take When the Paying Parent Relocates Overseas

Request Modification of the Child Support Order

If the paying parent relocates overseas, the custodial parent may need to request a modification of the child support order to reflect the change in circumstances, such as the paying parent’s ability to pay from abroad. The courts may adjust the order to ensure that the child’s needs continue to be met even though the parent is living abroad.

Register the Order in the New Jurisdiction

If the paying parent moves to a country with a reciprocal enforcement agreement with India, the custodial parent may register the Indian child support order in the new jurisdiction. This will allow the court in the new country to take enforcement action, such as garnishment of wages or other collection actions.

Use of Private Child Support Collection Agencies

The custodial parent may also hire a private agency that specializes in international child support collection. These agencies work across borders to ensure that child support obligations are met. While this can be a costly process, it is an option when legal avenues are slow or ineffective.

Pursue a Civil Case in the New Country

If the paying parent has moved to a country where international treaties are not in place, the custodial parent may need to pursue a civil case in the paying parent’s new country. This can be a complex and expensive process, but it may result in enforcement of the child support order through local laws.

Track and Document All Payments and Communication

It is essential for the custodial parent to maintain detailed records of all communication and child support payments, including any payments made or missed. This documentation can be useful when pursuing enforcement actions, either through the court system or via child support agencies.

Example

Example 1: Ramesh and Anjali's Case

Ramesh and Anjali are divorced, and Anjali has custody of their 10-year-old daughter, Meera. Ramesh, who was paying ₹20,000 per month in child support, has recently relocated to the USA for work. After the move, Ramesh continues to make irregular payments, and Anjali is worried about the future payments.

Steps Anjali Can Take:

• Check for Bilateral Agreements: Anjali finds that India has a reciprocal enforcement agreement with the USA, which will allow her to register the child support order with US authorities.
• Register the Order in the USA: Anjali contacts a US child support enforcement agency to have the Indian court order registered in the USA. This allows the agency to take action against Ramesh for failing to comply with the order.
• Pursue Wages Garnishment: The agency may be able to initiate wage garnishment proceedings against Ramesh’s employer in the USA to ensure that Meera’s child support is paid regularly.

Conclusion

When the paying parent relocates overseas, ensuring that child support obligations are met can become more complicated, but it is not impossible. Through international treaties, reciprocal enforcement agreements, and the use of private collection agencies, the custodial parent can still enforce the payment of child support even if the paying parent has moved abroad. It is important for custodial parents to act quickly, document all communications and payments, and utilize the available legal and institutional mechanisms to ensure that the child’s financial needs continue to be met, no matter where the paying parent lives.