Can a family court judge make a U.S. citizen pass on U.S. citizenship if the child is born in another country.

[Aussielad 37]

1 hour ago, Demise said:

Biggest problem with her seeking it in Georgia is lack of personal jurisdiction over the father. While the Uniform Child Support laws mandate enforcement, the biggest issue is whether the court is legally allowed to order the defendant to do anything. There is a list of rules for personal jurisdiction (live in that state, get personally served while in the state, lived with the child in that state, provided pre-natal expenses while in that state, voluntarily allowed the case to proceed, and some others).

 

It's similar to alimony, any court can grant divorce, but you need personal jurisdiction over the defendant to get money out of them.

 

So if served for a lawsuit in Georgia it'll likely be up to the father whether to proceed and accept jurisdiction or motion to dismiss.

 

https://www.lsnjlaw.org/legal-topics/family-relationships/child-support/general-information/pages/child-support-issues-for-parents-living-in-different-states-aspx

Which is why if served from Georgia, he mentioned that he will file to have it moved to the state that he lives in where he is a bonafide resident of that state whereas she is just in Georgia on a tourist visa. 

[Aussielad 37]

12 minutes ago, Boiler said:

Do not see that working

What do you not see working Boiler? 

[Aussielad 37]

I hope this situation works out, his meeting with the lawyer in Colombia is on the 15th and that lawyer is going to start doing her thing down there.

 

Like mentioned, my friend does not mind helping out with the money side, however he does not want to be taken for a ride at his expense neither at the governments expense. What makes him go this way, is because she is from a very extremely up scale family, they live in north Bogota, and anyone that has been there knows that is high class. She owns not one, but two apartments around that same area as well. So she is no way in dire straits. 

 

Because she knows that she won't get as much if it goes through the courts in Colombia (which is where it should go), she prefers the courts in the U.S. If it was through the state of Georgia, it would be around $987 per month he would have to pay. More than what 90% of people make in Colombia monthly.......it comes down to "I gain more getting U.S. dollars than Colombian pesos".

 

If it was through the Colombian court system, he would maybe have to pay between $300-$400 per month. Which still, for Colombia is like giving more than a months wage and could pay for everything for the childs needs and more.

 

But when someone wants $1000 per month,(because she knows that the state of Georgia would have him at $987 per month) plus all the government benefits as well regarding social security, that could end up being U.S. $3,000 per month, just to go back and live very comfortably in Colombia, and then 21 years later, applies to bring her and her whole family to the U.S.....to my friend, that is abusing the system. I now agree too, looking at it from the outside in and have attempted to be as subjective and neutral as possible. 

Edited August 10, 2023 by Aussielad

[Ontarkie 13,962]

He needs to get a DNA test done. US courts will not give her money that is not the norm for her country. They will make adjustments to the amount for Colombia. SS will not pay anything outside the US, it will also be based off the father's income which you said makes too much so they will deny it. 

[Aussielad 37]

3 hours ago, Ontarkie said:

He needs to get a DNA test done. US courts will not give her money that is not the norm for her country. They will make adjustments to the amount for Colombia. SS will not pay anything outside the US, it will also be based off the father's income which you said makes too much so they will deny it. 

For a person that is not married, and if the kid was a U.S. citizen, she could claim it. Social Security can be claimed and received overseas. True, a DNA test needs to be done and that's another difficult thing because he lives in one country and she lives in another. 

[Boiler 43,757]

4 hours ago, Aussielad said:

What do you not see working Boiler? 

Well they will both be Visiting, I am not sure how a Court will deem that they can claim Georgia Jurisdiction, now if somebody for example entered the US as a tourist and decided to stay then at some point they are resident for State issues, not sure when that is. 

 

If it was that easy well lots of people would do it, get those US Court settlements!

[TBoneTX 43,425]

Again, he should let her sweat and do all the work.  Much of this may be bluffing and attempted extortion.

[belinda63 2,981]

My understanding is social security DISABILITY (which is what we are talking about here) cannot be paid if you don't live in the US. So no SS for the child or her in Columbia. She has to be resident in Georgia for six months to file for divorce so how does she plan to do this without overstaying. 

[Aussielad 37]

4 hours ago, belinda63 said:

My understanding is social security DISABILITY (which is what we are talking about here) cannot be paid if you don't live in the US. So no SS for the child or her in Columbia. She has to be resident in Georgia for six months to file for divorce so how does she plan to do this without overstaying. 

They were never married. 

[Gawain 23]

How old is the child?

Is he sending any monthly support payment presently?

 

[Aussielad 37]

13 minutes ago, Gawain said:

How old is the child?

Is he sending any monthly support payment presently?

 

The child is one, and no, he is not sending money as of this moment as she is asking for unrealistic amounts of money, and he offered for her to get a DNA in the U.S. but she said only if he pays for everything.

[PBoland 7]

Maybe I have more street smarts than others here, but my immediate reaction was it’s not his kid; and if he did have a child with her he’s never actually seen it, and she can send photos of some child with special needs that again isn’t his.  This is 100% scam I ain’t buying it.  

[TBoneTX 43,425]

For about the gathrillionth time, he should tell her to take a long walk off a short pier.  Period.

[Aussielad 37]

26 minutes ago, TBoneTX said:

For about the gathrillionth time, he should tell her to take a long walk off a short pier.  Period.

He's done that, and she in return has told him to go get f!@#$% lol! I think she should just take care of the kid herself and disappear and see how things are from here to 10-15 years time. 

[Dal816 3]

You can't collect SSI while living outside the US.

Columbia has no jurisdiction in the US so any court order isn't enforceable here.

If the child is his he should do the right thing and give it US citizenship at the very least.