Child Support process from DR

[lachulaEvie]

Hello, I seriously need some help here.
MY cousin lives with her two children ages 16 and 15 at La Vega and is recently divorced. Her ex-husband doesn't give anything for the children's sustenance. The children are american citizens and the father is currently living in NY and he owns a business as a distributor. As they say in Spanish: Una Ruta.
I visited family court here in NY county to obtain information on how to file for child support on her behalf for her children but was told that the US has no affiliations with Domincan Republic in this aspect and thus she must file the child support petition in DR.
I'd like to know what the process is and where can my cousin go in DR to obtain forms and guidelines to complete a petiton for child support from him.
She has copies of all his tax information and proff that he is making a profit. The glitch in this whole issue is that he has tranferred ownership of "the ruta" to someone else but we know for a fact that is still the proprietor.
Any suggestions i can get will be appreciated

[rellosk]

Until the resident legal expert get back to you, here are a couple of recent threads on the topic

Child support in dominican republic

amount for CHILD SUPPORT

I thought I remember reading that the amount of child support is needs based and doesn't take into account the providers income , but I could be wrong.


BTW, Welcome to DR1.

[A.Hidalgo]

In NY state (I am assuming that is where the father resides)there is a percentage that is calculated by the gross salary. That percentage is 25% in this case for 2 children. I should know I am a paying father. It will not be easy, but if she pursues it enough she may be able to get him to face up to his responsibility for his children. She may have to come here to start process.

[lachulaEvie]

Thanks for the links, I will read them now and the information provided. I will pass along the info.
PS- Thanks for the welcome.

[sunshine73]

I am a mother who is being paid for child support by a self employeed man. I will tell you its hard they give letters as to what they make, they play with the numbers , its really ridiculous!!

My ex actually brought a letter to court stating he made $400 a week, but he agreed to pay $125 a wk. So I didn't care what he said, I didn't ask for himto pay insurance or my son's private school, so he was happy.

Anyways, here is the best thing to do, in my opinion; take the evidence she has to DR child support, I really don't know how much it is there. The OP was correct it is 25% of groos but its really hard to get their gross. The thing she should remember is she is entitled to education and health insurance also. So that way she has a bargaining tool. After a court order is issued in DR she can have the order enforced in NY by presenting that before a majestry. They do it all the time so they will know how to do it. Maybe with a power of attorney you can do that step for her.

Good luck and keep us posted as to what occured....

sunshine

[Hillbilly]

Hummm...my son here in the DR is paying child support to his wife in NY. there is some sort of relation because the ex-wife had her lawyer file something here that got his attention and he had to go to court to establish just how much he was going to sent to the US.

I would think that if the wife got a Dominican court order for child support, and had it filed in a New York Court, it would work.

What she needs to do is consult a good lawyer here and get one there...

HB

[lachulaEvie]

I conveyed all suggestions and advices to my cousin and we are aware that a lawyer in DR has to file some kind of papers so we or rather she is going to look into it.
Thanks to all for thier help.