Divorce and child support

hi
new to this forum, needs help
me and my husband are getting a divorce and has a mediation set up by court system coming up in one week, he is Taiwan national and I have dual citizienship ( taiwan and US), I currently reside in US with our daughter who is 8 and I have pretty much full custody.
we got married in taiwan 2002, has been separated in 2009. we have a divorce agreement on paper 2009 with a lawyer and witness stating that I have full custody of my daughter and he will change the ownership of the house in US to me and start childsupport monthly at 2000 USD.
I was coming back to sign the divorce paper ( uncontested divorce) but then he changed his mind about giving me the house and childsupport. Everything has beeno on hold since 2009
I have been speaking to his lawyer about this back and forth so this year we are going to court. I have my own lawyer now. my mediation meeting starts next week. I know he will not settle so my lawyer recommend that I have to sue him for this.

my question is this: can my daughter come back to Taiwan ( she is a US citizen only) without fear of wondering my husband will do something to retain her in Taiwan?
in terms of lawsuit, is this going to be a impossible task or do I look like I might have a chance in getting the childsupport and the house?

Michelle923

I don’t believe so. Your daughter is a Taiwan national:

law.moj.gov.tw/Eng/LawClass/LawA … e=D0030001

[quote]Article 2 A person shall have the nationality of the ROC under any of the conditions provided by the following Subparagraphs:

  1. His/her father or mother was a national of the ROC when he/she was born.[/quote]

I think if here it would be possible for her to be entered on your husband’s household registration, and then to get an ID card when turning 14.

Is the house is in the US? In that case, would it not be better for you to file in the US - and get the statuary child support in the US, which you will not have much chance of collecting here.

Alternatively, you can go to court in the US, see the asset acquired through marriage split in half, and return with an order to sell said house and remit the funds to Taiwan.

I would not bring my daughter here, unless you want rid of her. Really.

Do not take your daughter to Taiwan. It’s likely that he will use her, and your fear of losing her, against you in court. He CAN take steps to try to block her leaving Taiwan. It doesn’t matter that she doesn’t have Taiwanese citizenship at the moment, she is elligable for it and it only takes ONE parent to claim it for her. There are just no guarantees. I wouldn’t take that kind of a chance.