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Child support laws - Family law
Submitted by dubereyes on Sun, 2009/04/26 - 10:17.
Anyone know where or what the child support laws are in Nicaragua. Do they have a right to keep someone from leaving Nic. if not in arrears?
Parents
A lot depends on the nationalities of the biological parents, and in some cases the job/income of the person owing support - but little goes against a national mother and child, ever. Who is the "someone" in your post, the Nicaraguan child in question or any other party in the dispute?
Very strong on paper - very subjective aplication of the law
You can go the National Assembly or Family Minister (Ministerio de la Familia) website to find more details on the law. The law does not discriminate and in theory must apply to men or women equally. As standard practice, judges order migratory retention and post bond to the defendant; it does not mater if you are Nica or not, poor or rich (it happens to Manuel Ignacio Lacayo - one of the richest people in Nicaragua – who happens not to be Sandinista). Foreigners are usually also required to surrender its passport. The state is always a party, in addition to the private party, usually defending the woman and kids. As in many civil cases, mediation is mandated before the case go to courts.
The only case that I knew of a woman is as manager of the Tobacco Company. At the time of the divorce, she was making good money and her husband was making less. She ended paying alimony to him. On paper, the law is similar to Spain or Mexico laws. As it is standard practice, Nicaraguan judges sometimes "interpret" the law, including family law" differently, depending on whom you are. I guess a gringo will have a difficult time convincing immigration or a judge to let him/her go out of the country if he/she has a case pending.