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Foreign mother seeking child support from American father

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tonyahn

Junior Member
I'm helping a friend seek child support from the father of her four year old daughter. Here are the facts. Some may not be useful but I figure may as well include everything and let the experts decide:

1. Mother is a citizen of the Republic of the Philippines, and resides in Metro Manila.
2. Child is an American citizen.
3. Parentage of the father is legally established, as he consented to be named on the birth certificate and filed the citizenship paperwork to get his child US citizenship.
4. Father is a federal employee (U.S. Immigration and Customs Enforcement) residing in San Diego, California. His child was born when he was attached to the US Embassy in Manila.
5. Father sponsored a K-1 fiancee visa for the mother, which was issued, but the relationship ended before she traveled, thus she did not use it and it expired.
6. Father is currently paying no support.

Questions:
1. Can the mother sue for child support? If so, does she file in California through an attorney? If she needs to make a personal appearance, she probably can travel to the US in order to file.
2. If she needs to be residing in California to file suit, for how long must she reside there before filing an action? What visas will the court recognize as making her a resident?
3. How do child support attorneys usually charge? Up front? Contingency? Something else?

I'm happy to answer additional questions you may have. Thank you!
 



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