HOW TO COLLECT CHILD SUPPORT WHEN THE FATHER LIVES ABROAD?

It is very common for parents to believe that, when the parent responsible for paying child support moves abroad, collecting the payments becomes nearly impossible. After all, if the parent is living in another country, how can the Brazilian courts reach them and enforce their obligation?

The good news is that distance does not erase this responsibility. It is precisely to address these kinds of challenges and ensure the protection and well-being of children and adolescents that several countries, including Brazil, have entered into international treaties designed to promote cooperation between nations in the enforcement and collection of child support.

International Treaties that facilitate Child Support Enforcement

Brazil is a party to several important international conventions addressing this issue, including:

• Hague Convention on the International Recovery of Child Support and Other Forms of Family Maintenance

• Convention on the Recovery Abroad of Maintenance (New York Convention)

• Inter-American Convention on Support Obligations

These instruments establish channels of communication between Brazilian courts and foreign authorities, making it possible to locate the debtor, transmit a child support claim to the country where they live, recognize and enforce support decisions from one country in another, and, in some cases, even establish or modify the amount of child support. All of this may be done without requiring the father or mother to travel abroad, hire a lawyer in another country, or deal directly with a foreign court.

Although all of these conventions share the same purpose — facilitating the recovery of child support in cross-border situations — each has its own rules, procedures, and list of participating countries. Therefore, before taking any action, it is essential to assess the specific circumstances of the case: where the debtor resides, which treaty applies, and which legal procedure is likely to be the fastest and most effective.

What to do if you are in this situation?

If the father or mother of your child lives abroad and is not fulfilling their child support obligations, know that you are not without options. The assistance of a lawyer specialized in International Law is essential to properly identify which treaty applies to your case and to pursue the appropriate legal proceedings, with a thorough understanding of cross-border matters and in compliance with the deadlines and procedures established by each convention.