International Child Support Recovery

Summary

The user is a resident of California, struggling to recover child support from her ex-husband who resides in Australia. The Child Support Agency is involved and small payments are being made, but the ex-husband is attempting to dismiss the court order. The user is also concerned about the possibility of her ex-husbands death and how to claim the owed money from his estate. She has been handling the case on her own and has not yet consulted with a probate attorney.

Full Conversation

I live in the United States. My ex husband lives in Australia.
What specific legal issue are you facing with your ex-husband living in Australia?
He owes me over Aus$*,*.
Is this amount part of a court-ordered settlement or alimony?
The Child Support Agency is involved. However he now says he is dying. We have been before the registrar multiple times and it is continually delayed
What is the current status of your case with the Child Support Agency?
It is active
What steps has the Child Support Agency taken to enforce the payment?
I am getting small payments for different amouts every * weeks but i do not know if it is voluntary or if they have garnished his pay
Have you received any official communication from the Child Support Agency regarding the nature of these payments?
No. However they go through the Child Support Agency
Have you contacted the Child Support Agency to inquire about the nature of these payments?

General Information:
- Child Support Agency can provide details about payment status.
- For U.S. residents, contact your local child support office.
Yes. They say do to privacy laws they cannot tell me if they are voluntary
What is the name of the state you reside in? This will help me provide more accurate information regarding your local child support office.
I have been to the local Child Support Agency. They can not help me
What is the specific reason the Child Support Agency gave for not being able to assist you?
My daughter is now over * and he sent a lump sum every month before she turned * so although it was short it still covered Child Support
What is the legal age of majority in the state where your daughter resides?
My ex husband has been ordered by the Hong Kong court to pay me US$* every month until i remarry or die
What steps have you taken to enforce the Hong Kong court order in the United States?

General Information:
- U.S. courts may enforce foreign court orders.
- Contact your local court for enforcement procedures.
I have filed it it California, where i live and it has been filed in Australia
What is the current status of your case in California and Australia?

General Information:
- California courts can enforce foreign judgments.
- Contact Superior Court of California for enforcement procedures.
I have no case in California. We are due back in court in Australia on October 3rd
What is the nature of the court hearing in Australia on October 3rd?

General Information:
- Australian courts can enforce child support orders.
- Contact Family Court of Australia for more details.
My ex husband is trying to have the court dismiss the Hong Kong court order
What is the basis of your ex-husband's argument for dismissing the Hong Kong court order?
He is still trying to say that because i don't live in Australia I should not be allowed to pursue it
What legal representation do you have in Australia for the upcoming court hearing?
None. I have been doing this on my own. The Child Support Agency has a solicitor. My ex husband has a solicitor
Have you considered hiring a solicitor in Australia to represent you in court?

General Information:
- Legal representation can help navigate complex international law.
- Contact Law Society of New South Wales for solicitor referrals.
I cannot afford one.
Have you looked into pro bono legal services or legal aid in Australia? They might be able to provide free or low-cost legal assistance.
That is why i contacted you.
What is the nature of the legal aid you are seeking from us?
To sue his estate should he die before i receive the money owed. Each month that passes he owes another US$*
What steps have you taken so far to ensure you can claim from his estate in the event of his death?

General Information:
- Estate claims can be complex, especially internationally.
- Consult a probate attorney for guidance.
None. I have no clue how. If he owes this money why would i not be able to sue his estate?
Have you consulted with a probate attorney in your state or Australia regarding your ability to claim from his estate?
No.
Have you considered reaching out to a probate attorney for a free consultation to understand your rights and the process better?