Child support in dominican republic

sunshine73 · #1 05-02-2006, 07:47 AM

I need to know how to go about filling for child support in dominican republic. Please help. Also do they give back payments?

Hillbilly · #2 05-02-2006, 08:20 AM

Doubtful you will get any back payments.

If your divorce settlement stipulated that you were to get child support payments, the judge will make him pay, or throw him in jail. This is one of the few areas where women are womewhat protected.

You will need a lawyer to file for these protections.

HB

hi-tec · #3 05-02-2006, 02:44 PM

For some time I have been asking similar questions on this boards in more than one thread an section, but getting no appropiate reply or none at all, go to this link as an example...

amount for CHILD SUPPORT

guess will have to search RD law and jurisprudence (if any), myself when i get the time

if ther was no divorce setlement involved (never married), back payment should be from the time you file the complaint or request for child support,

It might be possible that if you did an extrajudicial request for child support, that date will be used for back payments.

extrajudical in this case means a direct request to the father (or mother), most likely you will have to submit evidence of that the other party received the request.

At least that's how it works in other jurisdictions (countries), i dont see why it should be any different in DR.

Hillbilly · #4 05-02-2006, 03:01 PM

"I don't see why it should be different in DR."

The answer is that in cases like you mentioned (never married), there is no proof that one person is the father. So you would have to go through a lengthy civil process to oblige the accused to submit to a blood/DNA test (paternity test) in order to prove paternity, and THEN get a judge to hear your petition to receive support payments.

Now, if there was a divorce decree, it should have established the suport payments and THESE ARE ENFORCED IN THE DR> Lay 2401 I do believe. Lots of guys sweat these..

HB

hi-tec · #5 05-02-2006, 09:55 PM

"The answer is that in cases like you mentioned (never married), there is no proof that one person is the father".

Really?

i have seen multiple cases in which the parents, not being married, officiallyl "declare" the child as thier child vountarily. (Oficina Registro Civil?)

I believe my own father did that several times for several ( and i mean several... nobody knows exactly how many) children (with several women)

btw, he supported ALL of them, never a complaint.

Alfredo Guzman · #6 05-02-2006, 11:11 PM

Quote:

Originally Posted by hi-tec

"The answer is that in cases like you mentioned (never married), there is no proof that one person is the father".

Really?

i have seen multiple cases in which the parents, not being married, officiallyl "declare" the child as thier child vountarily. (Oficina Registro Civil?)

I believe my own father did that several times for several ( and i mean several... nobody knows exactly how many) children (with several women)

btw, he supported ALL of them, never a complaint.

Mothers can file child support claims with or without the aid of a lawyer. Anyhow, it would be recommendable to do so through one, since most people just don't know how to effectively address a judge and know the law and its perks enough to be able to get a decent amount of child support. Of course I'm a lawyer and that's just my personal opinion.

Being married or not is not that big of a problem because most Dominicans, being a highly catholic country and all (don’t be surprised now) at this point in time (2006) have their children outside marriage. So, as Hitech brothers, most of them are declared by their fathers.

Hillbilly · #7 05-03-2006, 02:26 PM

That was not my point "Hi-TEC". My point was, that if the child was not declared, as were your brothers, I do not see how a mother could claim, successfully, for child support without going through paternity trials. She can't just point and say "You are the father of my child!"

Of course, as you pointed out, if the child was "declared" then there is an admission of parentage and there could be little dispute as to the rights of the mother to claim support.

Are we clear on this point?

HB

Note that the Dominican justice system provides for what we might call "common law" marriages. There are definate guidelines to these relationships, and these are well known nowadays.

HOWMAR · #8 05-03-2006, 02:46 PM

Quote:

Originally Posted by Hillbilly

Note that the Dominican justice system provides for what we might call "common law" marriages. There are definate guidelines to these relationships, and these are well known nowadays.

Has this changed since Fabio said Common Law marriages were not recognized in the DR?
Common law wife...
I thought that the Catholic Church had objected to passage of a law to change this.

hi-tec · #9 05-03-2006, 11:39 PM

howmar,

the issue in this thread is about the rights of the children not the wife,

HOWMAR · #10 05-04-2006, 10:05 AM

Quote:

Originally Posted by hi-tec

howmar,

the issue in this thread is about the rights of the children not the wife,

Does that mean the validity of a previous statement, even those by HB, can't be questioned? Possibly somebody not as informed as you might accept it as fact.