Tag Archives: Child support

HDE Attorney Kevin Segler – Board Certified in Family Law

Holmes, Diggs & Eames congratulates Kevin Segler, an attorney in our Dallas office, on becoming Board Certified in Family Law by the Texas Board of Legal Specialization!  Kevin Segler has been an attorney with HDE since 2012 and handles all manner of family law cases including cases involving international family law issues such as the Hague Convention on the Civil Aspects of International Child Abduction.

Kevin Segler Pic

TBLS - Board Certified - Family Law (Black)

If you need assistance with a family law matter in Texas please contact us at (214) 520-8100 or through our main website at www.texasfamilylawyers.com.

Leave a comment

Filed under Board Certified Family Lawyer, Hague Convention, Texas Family Law

HAGUE CONVENTION: International Recovery of Child Support and Other Forms of Family Maintenance

On January 1, 2013, the Hague Convention on the International Recovery of Child Support and Other Forms of Family Maintenance came into effect with the ratifications of Albania, Bosnia-HerzegovinaNorway, and later Ukraine. Both the United States and the European Union have both signed the convention and are currently in the process of ratifying it. In June 2013, the Convention passed in the U.S. House of Representatives and is currently under review by the Senate’s Committee on Finance.

 _____________

WHAT DOES THIS MEAN?

__________

Establishes a Central Authority for each member.

Applications for child support will be processed through a Central Authority established by each country. The duties of a Central Authority will usually carried out through a country’s child support agencies. Although these Authorities have several roles, their primary function will be to transmit and receive applications and to facilitate the child support process.
 __________

Keeps costs down for applicants.

Prior to the Convention, costs of the process may have deterred obiligees from pursuing child support. The Convention mandates that each country provide free legal assistance for child support obligations in terms of the application process. It will be interesting to see how both state and federal legislatures budget for these new expenses here in the United States.
 __________

Determines whose laws apply.

The Convention applies the law of “habitual residence” of the individual obtaining maintenance. Generally, if the decision is made in the country where a person seeking maintenance resides, any future proceedings seeking to modify or make a new decision must be made in the same country as long as the original person seeking maintenance continues to reside there. For example, Husband and Wife get a divorce in Norway, resulting in Husband being ordered to pay child support to Wife. Immediately after the divorce, Husband moves to Ukraine. Five years later, he wants to file a motion to modify. If Wife still lives in Norway, Husband must file his motion there.
 ___________________
In conclusion, the Hague Convention on the International Recovery of Child Support and Other Forms of Family Maintenance will make it easier to recover a child support and family maintenance in an international setting. The goal of the Convention is not to examine decisions on child support orders, but rather to create an efficient process to enforce those orders. While the logistics of creating a Central Authority in each country may be cumbersome in the beginning, today’s globalized economy makes it a necessity to streamline the international family maintenance process.

Leave a comment

Filed under Hague Convention, International Child Support, International Family Maintenance, Uncategorized