Foreign Alimony

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Latest post Mon, Feb 20 2012 2:37 PM by splum1. 18 replies.
  • Sat, Feb 18 2012 1:50 PM

    • Nan B
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    Foreign Alimony

    Hello Everyone,

    We are U.S. Citizens & Residents of Costa Rica.

    Married in North Carolina in 2008.

    Purchased a house in Costa Rica in 2008

    We moved to Costa Rica in 2009 as a married couple and lived here since then.

    He announced found someone else in January 2012.

    Seeking a divorce in Costa Rica sometime this year.

    When the Alimony is set by the Costa Rica Judge...

    Can the alimony be enforcable in the United States?

    I'm grateful in advance for anyone's thoughts, advice and comments are greatly appreciated.

     

     

  • Sat, Feb 18 2012 2:01 PM In reply to

    • Kivi
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    Re: Foreign Alimony

    You should verify, but Costa Rica does not appear to be a signatory to the Hague conventions.

    Ergo, it might be difficult. You likely would have to seek enforcement thru CR courts rather than US ones, if you are the US resident.

  • Sat, Feb 18 2012 2:05 PM In reply to

    • kath21
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    Re: Foreign Alimony

    I'd consult with a lawyer there to find out if there is any possiblity of ensuring he pays: a trust or something similar?  because if you want to move back to the US, there could be enforcement issues.

    You might consider asking for a full payment now (or other assets)  to avoid payments in the future.  I'd try to settle this once and for all, rather than trust him if the US won't enforce.

  • Sat, Feb 18 2012 2:06 PM In reply to

    • Nan B
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    Re: Foreign Alimony

    The Legislative Assembly has enacted Law No. 8923, approving the adherence of Costa Rica to the Hague Apostille Convention, formally known as the Hague Convention of 5 October 1961 Abolishing the Requirement of Legalization for Foreign Public Documents. The law was published in the Official Gazette on March 8, 2011

  • Sat, Feb 18 2012 2:07 PM In reply to

    • kath21
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    Re: Foreign Alimony

    P.S.  Are you sure you will be getting spousal support?  It hasn't been a very long marriage; do you have reason to believe you will get it?

  • Sat, Feb 18 2012 2:09 PM In reply to

    • Nan B
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    Re: Foreign Alimony

    Correction...We were married in 2007...

    What is considered a full settlement?

    would it be a portion of what he owns in money/stocks/bonds, if so how much is fair?

     

     

     

  • Sat, Feb 18 2012 2:10 PM In reply to

    • Nan B
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    Re: Foreign Alimony

    my lawyer says he is going to try to get 2k monthly...

    due to the amount of money that we spent down here in the past 3 years

     

  • Sat, Feb 18 2012 2:30 PM In reply to

    • kath21
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    Re: Foreign Alimony

    It would be impossible to guess what Costa Rica's laws are there...but less than 10 years married usually gets one very little, depending on the circumstances, such as how different their salaries/worth, may be,  how long it may take to get on one's feet, if one party stayed home to raise the kids instead of furthering a career, etc.

    But if he's very wealthy and you are not, it would be more than if you both were on the same level.

     

    $2000 for how long?  I'd ask the lawyer how easy it would be to enforce- given Haque - being so far away and a different country.  Those here in the US often find the issues are worse if not in the same area to bring contempt of court charges if he doesn't pay, etc.

    That's why I would opt for something NOW if possible, and save yourself some possible future headaches.  Often parties (and their new gf/spouse) decide they made a bad deal once you've gone and make things as hard as possible...which is easy to do when you're thousands of miles away.

  • Sat, Feb 18 2012 2:34 PM In reply to

    • Nan B
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    Re: Foreign Alimony

    Judge sees that i have no income, no job and have been solely dependant upon my husband. We have bank statements showing exactly what has been spent in the last 6 years. There is no way for me to support myself and no family to assist me.

  • Sat, Feb 18 2012 2:35 PM In reply to

    • kath21
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    Re: Foreign Alimony

    Nan B:
    There is no way for me to support myself

     

    Are you handicapped?

  • Sat, Feb 18 2012 2:40 PM In reply to

    • kath21
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    Re: Foreign Alimony

    Nan B:
    Judge sees that i have no income, no job and have been solely dependant upon my husband

     

    In THIS country, that would earn enough support to get you on your feet (months to a year, most likely) , as long as you are relatively young and able-bodied.

    How wealthy is he?

  • Sat, Feb 18 2012 2:41 PM In reply to

    • Nan B
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    Re: Foreign Alimony

    no I am not handicapped

    I do not speak Spainish...

    I have a hard time communicating....

    My husband forced me to get rid of all my clothes, college texts and I have no furniture...he made sure of that when we moved down here.

     

  • Sat, Feb 18 2012 2:42 PM In reply to

    • Nan B
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    Re: Foreign Alimony

    he has over $250k

  • Sat, Feb 18 2012 2:45 PM In reply to

    • Nan B
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    Re: Foreign Alimony

    Right now I have a restraining order agaist him

    He can't leave the country

    He must report to the police station every 15 days

  • Sat, Feb 18 2012 8:20 PM In reply to

    • Drew
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    Re: Foreign Alimony

    If he simply takes off I predict you have great problems to drag him back or find his money.

    As a practical matter you best think about working.

    How do you expect to pay your attorney?



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