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Organization of American States

 
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  Inter-American convention on support obligations
  » Summary

[full text]

 

CIDIP: This Convention was adopted at the Fourth Inter-American Specialized Conference on Private International Law (CIDIP IV), held in Montevideo, Uruguay, July 1989.  

Ratifications: To date, the following countries have ratified this Convention: [click here] 

Objective: The purpose of this Convention is to establish the law applicable to support obligations, as well as that applicable to jurisdiction and international procedural cooperation in those cases in which the support creditor is domiciled or habitually resides in one State Party and the debtor is domiciled or habitually resides in another.  

Summary: This Convention applies to child support obligations and to spousal support obligations arising from the matrimonial relationship between spouses or former spouses.  The States may, through a declaration, restrict or extend the scope of this Convention to child support obligations.  

Support obligations, as well as the definitions of support creditor and debtor, shall be governed by the laws of the State of domicile or habitual residence of the creditor or the laws of the State of domicile or habitual residence of the debtor, whichever the competent authority finds the most favorable to the creditor.  

The applicable law will regulate the amount of support due and the timing of and conditions for payment, the ability of a person to bring a support claim, and any other condition necessary for enjoyment of the right to support.  

The Convention establishes that a support obligation decree will have extraterritorial effect if it meets the following requirements: 1) the judicial or administrative authority issuing the order must have jurisdiction to hear and decide the matter; 2) the order and the documents attached thereto must be translated into the official language of the State in which the order is to be enforced; 3) the order and the documents must be certified in accordance with the law of the State in which the order is to be enforced; 4) the documents must be certified in accordance with the law of the State of origin; 5) the defendant must be served with notice or summoned to appear in due legal form substantially equivalent to that established by the law of the State in which the order is to be enforced; 6) the parties had the opportunity to present their defense; 7) the orders are final in the State in which they were rendered; and 8) pending appeal from such order shall not delay its enforcement.  

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