Can a non-US citizen file for child support and family abandonment?

Is the child a U.S. citizen? The problem is never whether a person can file a case, but rather whether it will be dismissed right away – you can always file.

Child is not a US citizen- has a permanent resident card.

Once case is filed will it go to court or be dismissed?

I can’t say what will happen – but if the child is a permanent resident of the U.S. then the state has an interest in seeing that the child is supported. Therefore, you’ll probably get jurisdiction, etc….but you need to talk to a lawyer in any case.

So the non-us citizen mother can claim, I mean collect, the child support? She is living in the US illegally, will that matter in court.

@geoffreysolo – YES, but not necessarily for the support. She needs to talk to a lawyer, that’s it. If she’s here illegally, there are serious consequences to any court action.

yes. it depends on where the payee is. for example, I am in the us. So the state I live in sends my payments to my ex in australia. No one is a citizen here except the children. It only matters where the actual payee is. You can file it yourself.

ps. oops, oops, I meant the payer. the PAYER. the payee can be anywhere in the world

She lives here illegally? Is she willing to risk being found out? If she lives in AZ probably not worth the risk. Illegal immigrants usually don’t like to mess around with putting themselves in front of the law and the courts.

She can try applying for a family based visa if the child is still in the US. Going with a lawyer would be your best bet on this one since it’s so complicated. Here is an article on family based visa: http://www.northhoustonattorneys.com/articles/what-is-a-family-based-visa/

Good luck!

She would need a U. S. attorney, and proof of paternity, but the law in the U.S. is that father’s must support their children.