How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Guillermo Senmartin Your Own Question

Guillermo Senmartin
Guillermo Senmartin, Attorney At Law
Category: US Law
Satisfied Customers: 105668
Experience:  Over 12+ years of experience in various areas of U.S. Law and 15+ years of experience in U.S. Immigration Law..
9200179
Type Your US Law Question Here...
Guillermo Senmartin is online now

i have been divorced for 18 years my ex lives in. america.

Customer Question

i have been divorced for 18 years my ex lives in. america. He did not pay any child maintenance for the two children who are now 26 & 23 . The CSA sent me letters throughout this period that my ex owed me zero. They failed to tell me that i could have got an order for child support here and had it enfor ed in the states. He has now inherited a considerable amount of money and i was of the understanding that i can go to court and get a retrospective order for chikd support. my email is XXXXXXXXXX

Submitted: 3 years ago.
Category: US Law
Expert:  Guillermo Senmartin replied 3 years ago.
Hello. Thank you for using our service. All I ask is that before you sign off, you rate me positively. If you are inclined to use the "poor service" or "bad service" options, please ask follow-up questions first and give me a chance. Sometimes the law doesn't have a good solution, but I will try hard to find it if it is available.


In what state does your ex live?
Customer: replied 3 years ago.
he lives in penn
Expert:  Guillermo Senmartin replied 3 years ago.

Ok. An action for retroactive child support is possible. Take a look at the law:

 

http://www.pacode.com/secure/data/231/chapter1910/chap1910toc.html

 

I know it isn't clear with all that legal mumbo jumbo, so I will try to break it down for you. What you want to look at is here:

 

Rule 1910.17. Support Order. Effective Date. Change of Circumstances. Copies of Order. Priority of Distribution of Payments.

(a) An order of support shall be effective from the date of the filing of the complaint or petition for modification unless the order specifies otherwise. In a child support case, if a change in custody occurs after the date of filing, but before a domestic relations conference is held, the trier of fact shall enter a charging order going forward in favor of the primary custodian that shall be effective from the date of the change in custody. The trier of fact also may enter a retroactive arrears order in favor of the party who was the primary custodian at the time of filing. Such an order may address the period from the date of fining to the date of the change in custody. However, a modification of an existing support order may be retroactive to a date preceding the date of filing if the petitioner was precluded from filing a petition for modification by reason of a significant physical or mental disability, misrepresentation of another party or other compelling reason and if the petitioner, when no longer precluded, promptly filed a petition.

 

So there may be a problem there in that you should have filed this action a long time ago and the court will want to know why you didn't. I don't really need to know the reason, but you should probably hire a good family law attorney to represent you in court in Pennsylvania in order to try to get this to work. So there is a possibility of getting retroactive child support for both of your children, but it isn't guaranteed.

 

Here are a couple of cases that you can read as well:

 

http://caselaw.findlaw.com/pa-superior-court/1101612.html

 

http://caselaw.findlaw.com/pa-superior-court/1008833.html

 

Because this will not be easy to do, you should hire an attorney in Pennsylvania to represent you in this matter. You can look for one at www.avvo.com or www.lawyers.com.

 

Please let me know if you have additional questions and please do not forget to rate my service to you (not the state of the law) as that is the only way that I can get credit for my assistance. Even after you rate the service, I can still answer additional questions for you without additional charge. If you do rate me positively, a bonus is always appreciated. If you would like to request me in the future, just go to http://www.justanswer.com/law/expert-guillermosenmartin/. Thank you!

Customer: replied 3 years ago.
i wanted to speak to a uk lawyer to find out if i can go to court here in the uk to ask for an order from the court. I already know that any judgement in the uk will be enforced in the usa. The only reason i did not persue it earlier is due to the government dept csa not advising me to seek an order for child support .I received letters drom the csa saying that my ex owed zero. No one told meto go to court and seek an prder for child support.
Customer: replied 3 years ago.
i wanted to speak to a uk lawyer to find out if i can go to court here in the uk to ask for an order from the court. I already know that any judgement in the uk will be enforced in the usa. The only reason i did not persue it earlier is due to the government dept csa not advising me to seek an order for child support .I received letters drom the csa saying that my ex owed zero. No one told meto go to court and seek an prder for child support.
i have read the cae from. germany. she did have in place an order but he failed to keep up payments. i never have had an order from the court as mentioned earlier
Expert:  Guillermo Senmartin replied 3 years ago.
That's not necessarily true. You can get a judgment in the UK, but that does NOT mean that it must be enforced in the U.S. A judgment in the UK has the possibility of being domesticated in the U.S. courts as long as it complies with U.S. law. So you can do one of two things:

1) File an action in the UK and get a judgment in the UK, then domesticate the judgment in the U.S. courts and have it enforced if it complies with the U.S. laws in Pennsylvania.

2) Directly file the action in the U.S. courts in Pennsylvania and comply with the U.S. laws in Pennsylvania.

The cheaper and more efficient way may be option #2. Please let me know if you have additional questions and please do not forget to rate my service to you (not the state of the law) as that is the only way that I can get credit for my assistance. Even after you rate the service, I can still answer additional questions for you without additional charge. And don't forget that bonuses are always appreciated! Thank you.
Customer: replied 3 years ago.
can i get an order now for child support even though my children are adults?
Expert:  Guillermo Senmartin replied 3 years ago.
Please refer to my original answer. It is possible to get retroactive child support in Pennsylvania but it is not guaranteed. Please do not forget to rate me positively. Since I am not paid a salary, it is the only way that I get paid. You are not charged again and I will not abandon you after you rate me positively if you have additional questions. Thank you.
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
The simple fact is that there is no action that you can take in the UK to claim Child Maintenance now that the children are over 18.
Since you cannot make a claim you cannot apply to enforce the Order in the States.
However from what my colleague says you may be able to make a claim in the States
I hope that this is of assistance please ask if you need further assistance
Claire
Expert:  Guillermo Senmartin replied 3 years ago.
Hello. I'm just following up with you to see how everything is going. Did my answer help? Please let me know. Thank you!

What Customers are Saying:

 
 
 
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H.
< Previous | Next >
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H.
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
 
 
 

Meet The Experts:

 
 
 
  • Ely

    Ely

    Lawyer

    Satisfied Customers:

    33
    Counselor at Law. Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
< Last | Next >
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Lawyer

    Satisfied Customers:

    33
    Counselor at Law. Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/EN/enmartin/2015-3-3_20197_a.64x64.jpg Guillermo Senmartin's Avatar

    Guillermo Senmartin

    Attorney At Law

    Satisfied Customers:

    27333
    Over 12+ years of experience in various areas of U.S. Law and 15+ years of experience in U.S. Immigration Law..
  • http://ww2.justanswer.com/uploads/ZO/ZoeyJD/2014-6-19_11019_14.64x64.jpg Zoey, JD's Avatar

    Zoey, JD

    Criminal Defense Lawyer

    Satisfied Customers:

    52
    Over 20 years of high volume criminal defense work,including all aspects of a case from arraignment to plea or trial.
  • http://ww2.justanswer.com/uploads/JO/JoseMagadan/2013-6-27_16279_IMG6290copia.64x64.JPG José M.'s Avatar

    José M.

    Attorney

    Satisfied Customers:

    21
    Spanish Attorney
  • http://ww2.justanswer.com/uploads/MS/MsAM/2012-6-9_16426_anna.64x64.jpeg Anna's Avatar

    Anna

    Teacher, writer, biologist

    Satisfied Customers:

    270
    Great research skills, variety of work experiences, teaching experience.
  • http://ww2.justanswer.com/uploads/PD/pdheslin/2012-6-6_232056_pambig.64x64.jpg pdheslin's Avatar

    pdheslin

    Consultant

    Satisfied Customers:

    51
    20+ years of internet site creation and search engine optimization. Dozens of search tools at my disposal.
 
 
 

Related US Law Questions