Sunday, May 8, 2011

Ex-Husband moved back to Japan. How to claim child-support?

Question:


My Ex-Husband has taken a job in his home country (Japan) and now refuses to pay child support. He doe not work at a U.S company or have any association with the U.S any longer. We have been divorced 1 year and I didn't even know he was moving back to his country, but last week I tried calling his home but his phone was dissconnected. I called his friend and he told me that he moved abroad and wanted no association with me or our daughter any more. His friend refued to give me his number abroad. I had called since his last child supprt check didnt come in. -- I have a low paying job and will struggle greatly without this payment. What can I do??

Answer:


According to what I've read online, it seems that you will not be able to claim child-support if the ex-husband is unwilling to pay.

"LAWS: In Japan, there are certain regulations governing child support law. The custodial parent, or the parent with custody of the child, must ask the courts for child support payments from the non-custodial parent, in which case the request will usually be granted. Specific child support payments vary according to income of parents and the specific needs of the child. Usually, the amount is left up to the parents to decide, but if they cannot come to a decision, then this matter also goes to family court, where the court will determine a fair payment."

"EFFECTIVENESS: Because Japan has no method devoted to ensuring that court-ordered child support payments are collected, many question the effectiveness of Japanese child support laws. In fact, some evidence suggests that absent fathers and lack of adequate child support is Japan’s third-leading cause of child poverty. And, even where child support payments are made, they are traditionally very low and still may be inadequate in ensuring a comfortable life for children receiving support payments."

"OPTIONS FOR CUSTODIAL PARENTS: A custodial parent forced to contend with a non-custodial parent who refuses to pay child support does have legal options. In many cases, the amount to be paid for child support is agreed upon by both parties and should be drawn up in a contract if possible. If the non-custodial parent then refuses to pay the amount agreed upon, the custodial parent may take him to court. However, this is often a very lengthy and expensive process, and even if she wins, the non-custodial parent is only responsible to pay up to one quarter of the agreed upon amount.

CONTROVERSY: Because of the traditionally inadequate payment amounts and because of the lack of effectiveness in enforcing court-ordered child support payments, many have called for reform of Japanese child support laws and regulations. These calls are particularly common among U.S. government officials dealing with divorces and child support payments between U.S. and Japanese citizens."

This has been copied from the website: http://www.ehow.com/list_6683803_japanes…
NOTES ON JAPANESE CHILD SUPPORT LAW: http://www.international-divorce.com/jap…

I would also advice you to ask this question once more in a "legal" section of Yahoo Answers.

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