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how to ask for alimony in Colombia when the person is in USA

LEGAL ADVICE OF THE WEEK:
INTERAMERICAN TREATY ABOUT ALIMONY
LEY 449 DE 4 DE AGOSTO DE 1998.

Thanks to many questions to my email, I will clarify with this article some aspects related to the possibility that a colombian citizen has to ask for alimony in Colombia when the husband or wife are in USA.

First, The Interamerican convention celebrated on 1989, created an agreement between each country in America, to allow familty courts of any of them, to act on behalf of the defense that children and women who have the right to get alimony. In consequence these are a summary of important facts to consider:

1. The Convention of 1989 will protect minor and marital relationships on the area of alimony. This treaty accepts that every person has the right to receive alimony despite his or her citizenship, race, sex, religion or place of residence.

To make justice available for every person, the courts of family in any of the countries who signed the treaty ( it includes USA and Spain) will be in charge of deciding the lawsuits, where alimony is the claim and the decision will have effects on any .

In judicial terms, this means that a Colombian Court can order an America Court the obligation of alimony of an American citizen with his wife here in Colombia, or his children when the case allows it. Of course, the amount of the alimony will be according to the needs of the person who will receive and the economic capacibility of the debtor.

To produce extra territorial effects the sentences ordered in a foreign court must come from a recognized court, translated into the official language of the country when it will be applied and the defendant in an alimony case had to be noticed of the procedure and there has to be evidence of that activity.

Next week I will add more important elements for this matter

Esteban R.
Colombian lawyer
Email: lawyerscolombia at yahoo.com

By lawyer in colombia on Mar 17, 2007, 11:33 in Friendly Talkzone.

southern151 says on Mar 17, 2007, 16:09:

Very good... Thanks for the advice. Glad to see you volunteer the time.

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larryrn says on Mar 17, 2007, 18:19:

common law in Colombia So, what is the length of time if you live as a couple together in Colombia before the couple is considered married by Colombian Law?

Do you need to live together constantly -- or traveling and living back in the US for a couple of weeks and then in Colombia for a couple of weeks - in this case Common Law Marriage would not apply??

---
Larry Snyder
http://www.rn.org - Nursing Education Online and CE Provider

Larry Snyder, www.rn.org

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Azul says on Mar 17, 2007, 18:33:

The question is if the Colombiana's will ever have enough money for attorney expenses to make the US citizen do anything....my guess is that typically they don't. I'm assuming that it would be hard for a poor Colombiana and her Colombian lawyer to make a US citizen do anything.

las cosas caen por su propio peso

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miamimike says on Mar 18, 2007, 09:36:

Then comes proven paternity if Children are invlolved and the DNA tests,,,,

Avatar Legend: Bush "If any of you Reporters are wondering, it was a Size 10"

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lawyer Col says on Mar 20, 2007, 08:15:

Marriage To be consider as a common law marriage you need to live as a couple as long as 2 years ( to create the comunity of assets). Of course there are some exceptions according to if the man or woman was married beforebut never got divorce, or divorced but never liquidate the properties.

For social security, the time required is 5 years.

Esteban

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lawyer Col says on Mar 20, 2007, 08:17:

Money for lawyer For these cases, usually women and their lawyers uses the international office of the Distric Attorney`s office who in America requests the service of Police of Criminal Courts.

Of course, when an american sees a notice of criminal court becomes crazy of what do to next adn the money he has to pay for lawyers and in court.

Esteban

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elmodefoque says on Mar 20, 2007, 10:11:

damn is good to know all these stuff, you never know.
what if my next trip to colombia some broad shows up in my hotel with a dark red injun baby, spiky (cepillo/brush) hair and tell me he/she is mine.

thanks!!!

I'll get there, when I get there!

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