Child Support-how Does a Mother Get the Father to Pay, While Illegal in US

Something doesn't sound right. If they went through a divorce in the states, then she can't be illegal - she would have been deported then. If she married an American, then she is no longer illegal. I think more clarification is needed.

I don't think you know or have ALL of the information. She had to have supplied a SS# in order to get the divorce. Again, something is not right, plus she is playing the system. Sorry, I don't have much sympathy.

American women can't get their exes to pay. Not much you can do.

Per your edit, they don't question your legal status when you divorce because it should have been addressed when they married! It isn't like you can walk into a courthouse with no documentation and get a marriage license. If she had given them her documentation from her country of birth they would have tracked her because being married to an American citizen does allow you to become a citizen yourself. Not automatic as some people responding seem to think.

I have a friend who was born in England, she had to jump through all the same hoops any other immigrant does. Her marriage just put her in a different basket so she didn't have to wait to be approved to enter the country.

Why didn't she apply for citizenship after she was married?

The only person who can answer this question is an attorney.

She needs to talk to an attorney who can discuss immigration issues and family court issues as well. I'm sure this problem has come up before, and I'm sure there is some workaround so she can pursue her back-child support claims without fear of retribution. If she's worried about the lawyer reporting her, have her ask them prior to the appointment about attorney client privilege and what her rights are.

She could also first try to find answers to her questions anonymously on avvo.com, a website that gives accurate legal advice from attorneys.

That guy sounds like prize jerk.

She needs to talk to an attorney.

Every case is different. So for someone to tell you what they did? Might not work for your friend. While she is illegal, her getting married to him does NOT suddenly make her legal. There is TONS of paperwork to complete and it's NOT a one day - BAM! you're done thing - it can take YEARS to happen. Why does it take years? Because there are MANY people who get paid to marry someone and help make them legal...

He is using fear to stop her. Bottom line is she has a court order. It needs to be enforced. She needs to call an attorney and get the court order enforced. And she needs to call an immigration attorney and get LEGAL.

She needs an attorney. Well, two really. One to enforce child support and the other to get her legal.

She needs to get legal too. I can't tell you how much it bugs me that people invade our country and people sit back and accept it and say "well, they deserve a better life". Okay. They deserve a better life. do it LEGALLY. I'm sorry to distract from the post, but in reality, she's taking a job from an American. Tell her to get legal.

My husband's brother had threatened the same thing but for custody. The shoe can also be thrown on the other foot. He can be arrested for harboring an illegal or entering a marriage with the false intention of assisting an illegal immigrant. SIL got custody but they shared for their own reasons, and he did pay support. It was never brought up as to her status.

She can probably get an income withholding order and have the child support come from his wages but he could still report her any time he wants. The child support office/court probably wouldn't care or enquire about her status but that won't prevent her ex from reporting her.

If they were married, she's not illegal.
I guess I don't understand the question then.

To clarify one thing here: you can marry but that definitely does not make that person legal. It can take many years and oftentimes a lot of money to become legal. People have often thought that from the old movies and hearing about paying for citizenship that you instantly wake up the next day American.. We have tough laws now. And as you shall see it looks like some of it will change in a couple of weeks again.

She should stop trying to get him to pay anything.
I am being kind, don't think I am not.
But if he is saying that he is going to have her deported, what is in her best interest?? Stay here or go back home, without her daughter?
He is a jerk, he knows how to play the system, and unfortunately for her, she needs to lay off of him.
It is COMPLETELY true that she can not get legal standing justb ecause she married him. It happens ALL THE TIME> back in the day you used to be able to get married and immediately get citizenship, not you can not. There is a lot of paperwork involved, going back to your home country and waiting for a couple of YEARS possibly, lots of money, and it's never a guarantee.

Ssn and employer- have it garnished. being married doesn't make her a citizen, no, but they would have said something I would have thought. She should probably check that out .. but also he could get in trouble going to court or reporting her if hes not all talk) and knowing she's illegal.

I would suggest she contact JFON (justice for our neighbors) or another attorney. If she addresses the immigration issue it takes it off the table. Regardless of the morher's status, the child has a right to be supported by her father.