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I know that if you are illegal in the US, they will deport you. If your child is a US Citizen, the child will stay in the US and you will go back to your country of origin. They are trying to fix this problem, because of so many illegal immigrants coming across the border illegally and are having children. Well the children stay in the US and the parents are sent back. * Contact the state's department of children and family services for assistance. Immigration status does not relieve a parent of the right to receive support for their child or receive public assistance if necessary. Deportation is not "automatic" each case is assessed on the individual circumstances. Any child born in the US is a citizen. In such a situation the child is referred to as an "anchor baby" meaning the unlawfully present parent generally is given the opportunity to remain in the US. Children are NEVER taken from a parent simply because the parent is unlawfully present within the US.

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17y ago
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17y ago

It is nearly impossible for an individual citizen to have an illegal immigrant deported. Immigration is the jurisdiction of the federal government and state authorities are reluctant to get bogged down in deportation issues unless the immigrant has committed a criminal offense. The best option is to file a suit for child support arrearages in the appropriate state court in your county of residence or a better choice enlist the aid of the state's child enforcement division. This action will set a precedence and establish the ground work for the unlawfully present person to be taken into custody by immigration officials. Be advised, an arrearage suit and/or assistance from CSE is not possible if there is not already a court order for support in place.

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10y ago
AbsolutelyIf the couple are not married and the assumed father did not sign the birth certificate or a declaration of parentage, then a paternity test will be necessary before the court will address the issue.

The court can order a paternity test once the child support suit has been filed.

The fact that the illegal immigrant may not be paying taxes or is undocumented is irrelevant.

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8y ago

If you know where he is, your local child support enforcement agency should be able to help you. I am not sure they care whether or not he is legal as long as they know where he is.

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11y ago

Contact your State's child support agency.

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14y ago

His alienage status is not, in itself, a bar to being awarded support.

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Q: How do you collect child support from an illegal alien?
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Do you have to pay child support if the mother of the child is an illegal alien?

AnswerIm illegal alien, my ex is illegal alien and the kid is illegal alien, guess what i have to pay child support, laws are for everyone not matter your status as long your feets are in U.S.


Can a NY court force child support payment to an illegal alien?

Child support is paid to support a child and not an adult, so it is a shame that you are even asking this question.


Child support for illegal children?

Child support for illegal children can be difficult. A court order is required to enforce child support payments, and this depends on the parent being a legal immigrant with a legal job to collect from. If a illegal child is born of a US citizen or naturalization, the child is no longer considered illegal.


If you were abandoned by your husband and he fathered a child outside of the country with another woman who now entered the country illegally can she collect child support by putting a lien on a home?

No, she has no way to collect. Child support is determined both by the husbands ability to pay and the woman's need. For example- if your husband makes $40k a year and the woman doesn't work, the court would order the woman to work 40 hrs/week to support her own child and she'd have to furnish proof to the court that she was doing that. An illegal alien doesn't have the ability to do that- they have no social security number and pay no taxes. They can't have a legal job- therefore, she wouldn't have any ground to stand on in a family court.


Can an illegal alien from Mexico who entered the US illegally is paying child support for his illegal alien children and is married to a US citizen but has no children with his wife be deported?

Yes. He should have had his wife start the procedures to sponsor his citizenship when they got married. If she knew he was illegal, she, too, could face criminal charges for housing an illegal alien. Since no illegal can enter into a legally binding contract, the marriage may not be legal either.

Related questions

Can the government collect child support from an illegal alien who gets paid cash?

No, but they can deport him.


Do you have to pay child support if the mother of the child is an illegal alien?

AnswerIm illegal alien, my ex is illegal alien and the kid is illegal alien, guess what i have to pay child support, laws are for everyone not matter your status as long your feets are in U.S.


Why should you pay child support to illegal alien?

For the same reason everybody else pay child support - to support your child! Just because one parent is a illegal alien does not make the child any less yours.


What happens when an illegal alien doesn't pay child support?

An illegal alien would not be taken to court to be sued for child support because he would have no documentation. If he was taken, he would probably be held and perhaps deported.


Can an illegal alien get deported if he gets served with child support papers?

Perhaps, but the mother should also be charged for harboring an illegal alien.


Is it illegal to collect child support from someone you reside with?

It's not a crime; however, child support is for absent parents.


How can a illegal alien pay child child support and he cant work?

Because he's an illegal alien... plus, he most certainly can work; just not a tax paying/reporting job.


Can a NY court force child support payment to an illegal alien?

Child support is paid to support a child and not an adult, so it is a shame that you are even asking this question.


Child support for illegal children?

Child support for illegal children can be difficult. A court order is required to enforce child support payments, and this depends on the parent being a legal immigrant with a legal job to collect from. If a illegal child is born of a US citizen or naturalization, the child is no longer considered illegal.


Can an illegal alien be held in jail for non payment of child support or be deported?

Either scenario is possible.


Can you file for child support if you are an illegal alien?

The interesting aspect of this situation is that while you may be an illegal alien, it is possible that your child isn't, depending upon where the child was born. All people born in the US are automatically US citizens, even if their parents were in the country illegally at the time of the birth. So, your child might have all sorts of rights under US law that you as an illegal alien don't have, including the right to be supported. If, however, you and the child are both illegal aliens then you would not be awarded child support, but merely deported if the government learns about you.


Can a court force an illegal alien who doesn't have working papers to pay child support?

Exactly how could that be done?