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ELENAFLORES& ABOGADAS

Your kids' father is in Mexico and sends nothing. What can you do from the U.S.?

Child support under Mexican law (pensión alimenticia) is not just groceries — it covers food, clothing, housing, health care, and for minors their schooling too. And a Mexican court order against someone living in Mexico has teeth a U.S. order does not.

Does this sound like you?

Si te suena alguna de estas, sí.

  • My kids' father moved back to Mexico and hasn't sent anything in months.
  • He was deported and I don't know if I can still get support from him.
  • He sends what he wants, when he wants, and there is nothing in writing.
  • I have a U.S. child support order and nobody can collect on it because he's in Mexico.
  • The support amount was set years ago in Mexico and it hasn't moved since.
  • I pay support in Mexico, I lost my job in the U.S., and I need to know what my options are.
  • My son needs medical treatment and what comes in doesn't cover it.
  • We never married, and I've been told that changes things.
  • I'm in Mexico and my kids' other parent is in the United States.

What this covers

  • A one-hour consultation to review your case and tell you which filing is actually yours — and whether the Mexican route or your U.S. state's route is the better bet.
  • An honest read on the difference between obtaining an order and actually collecting money. They are two different problems.
  • Working out what the support should cover based on the children's real needs and the paying parent's ability to pay.
  • Drafting and filing the petition with the Family Court in Monterrey, when the case is being opened.
  • Increase filings, when the amount that was set no longer covers the children's needs.
  • Suspension filings, when the circumstances of the paying parent or the receiving parent have changed.
  • Assembling evidence of expenses: school, medical, rent, groceries.
  • Recognition of a foreign judgment (exequatur) when you already hold a U.S. order and want it enforced in Mexico.
  • Following the file and telling you every time the court moves, in your time zone.
  • Representation at hearings.

Lo que recibes

  • Petition or motion filed with the Family Court.
  • Organized evidence file of expenses and income.
  • Court ruling on child support.

How it works

  1. First consultation

  2. Building the file

  3. Filing the petition

  4. Service on the other parent

  5. Evidence and hearings

  6. Ruling

  7. Resuelto

  1. Paso 01

    First consultation

    One hour with you, on Zoom. You tell us the situation and we tell you which of the routes is yours: open a Mexican case, ask for an increase, ask for a suspension, or seek recognition of an order you already have.

  2. Paso 02

    Building the file

    We gather certificates, IDs, and proof of expenses. The better documented the real costs are, the stronger the petition is. This is the part that most often decides the outcome, and it is the part you can control.

  3. Paso 03

    Filing the petition

    We file with the Family Court in Monterrey and set out what is being asked for and why.

  4. Paso 04

    Service on the other parent

    The court notifies the other parent so they know about the case and can respond. Where that parent is hard to locate, this is the step that stretches out.

  5. Paso 05

    Evidence and hearings

    Evidence of the children's needs and of the paying parent's financial capacity is presented. We prepare you for each hearing and appear with you. Hearings can often be attended remotely.

  6. Paso 06

    Ruling

    The judge rules. We explain what the ruling says, how it is enforced, and what happens next if the other parent does not comply.

What to bring

If you don't have all of it, don't worry — we work out how to get it during the consultation.

  • Valid government photo ID: Mexican INE or passport.
  • CURP, if you have one.
  • Birth certificates for the children.
  • Marriage certificate, or documents establishing the relationship, depending on your case.
  • Information about the parent who should be paying: full name, address in Mexico, and where they work if you know it.
  • Proof of expenses: tuition, medical bills, rent, utilities.
  • If support was already ordered, the ruling or the agreement showing the amount.
  • If you hold a U.S. order, a certified copy with an apostille and a translation by a court-authorized translator in Mexico. We tell you exactly what is needed before you pay for translations.
  • A power of attorney if you do not want to travel. It can be signed at a Mexican consulate near you.

There are three different filings around child support in Mexico and they are not the same thing: opening a case when nothing has been ordered, asking for an increase when the amount no longer covers anything, and asking for a suspension when the paying parent’s circumstances have changed. In your consultation we tell you which one is yours before you spend money on the wrong one.

If you are in the United States, there is one fact worth knowing before you do anything else. Mexico is not a party to the 2007 Hague child support convention, so a U.S. order does not travel automatically — it has to be recognized by a Mexican court through a proceeding called exequatur. Several U.S. law firm websites get this wrong. It is also the reason a U.S.-based parent needs an attorney on the Mexican side.

And one more honest distinction: obtaining an order and actually collecting money are two different problems. We will tell you which one you are facing. Family law in Mexico is state law and everything here describes Nuevo León. This is general information about our services, not legal advice.

Ofrecer acompañamiento a nuestros Amigos y Clientes, brindando un servicio personalizado, manteniendo como premisa la cercanía y el trato humano.

Common questions

Lo que más nos preguntan.

¿Falta la tuya? Escríbenos y te contestamos sin compromiso.

Can I get child support if the father lives in Mexico?

Often yes, by opening a case in the Mexican court where he lives. That is usually more effective than trying to reach him with a U.S. order, because Mexican courts can garnish wages, seize property, and impose other measures against someone who is physically in Mexico. We review your facts in the consultation first.

Can a U.S. child support order be enforced in Mexico?

Not automatically. Mexico is not a party to the 2007 Hague child support convention, so the streamlined agency-to-agency route the U.S. uses with other countries does not apply. A U.S. order has to be recognized by a Mexican court through a proceeding called exequatur. That is work we do on the Mexican side.

Can I still get support from my husband after he was deported?

Deportation does not end a parent's support obligation. What changes is where you can realistically enforce it. In many of these cases the practical answer is to pursue an order in the Mexican court where he now lives, rather than trying to collect a U.S. order from across the border. We look at both in the consultation.

How is child support calculated in Mexico?

There is no automatic percentage and we cannot promise you an amount. The judge weighs two things: what the person receiving support needs, and what the person paying can afford. Percentage tables you find online are not a statutory formula. That is why documenting real expenses matters so much.

Is pensión alimenticia the same as alimony?

No, and the mistranslation causes real confusion. In Mexican law pensión alimenticia covers support for children and, separately, for a spouse — and it can extend to other relatives. Alimony in U.S. usage means spousal support only. When we talk about your case we say which one we mean.

What does child support actually cover in Mexico?

Food, clothing, housing, and health care. For children who are minors it also covers their schooling — preschool, elementary, and middle school. It is broader than the grocery money many people assume, and that breadth is often the difference between a workable order and one that does not cover the real costs.

Does child support end at 18 in Mexico?

It does not end automatically at 18. It depends on each child's situation — whether they are still studying, for instance, or have a condition that prevents them from supporting themselves. This is a real difference from most U.S. states, and we review the current Nuevo León rule against your children's circumstances.

The amount was set years ago and it doesn't cover anything now. Can I ask for more?

Yes, there is a specific filing to increase support. It is brought when the receiving party's needs have changed or the paying party's situation has improved, and it is proven with documents: tuition, medical costs, rent. Bring the existing ruling to your consultation and we look at it.

I lost my job. Can I stop paying?

Stopping on your own is not the route, because the debt keeps accumulating and the consequences fall on you. What exists is a suspension or modification filing brought before the court when circumstances change. Come to a consultation and we review what can be filed and when.

We were never married. Does my child still get support?

A parent's obligation to support a child does not depend on the parents having married. What does have to exist is legally established parentage — the father has to be legally recognized. If he is not on the birth certificate, a paternity case comes first.

I don't know where he works. Is there anything to do?

It is a common situation and there are routes, though it complicates the case. Tell us what information you do have about that person — last known address, family in Mexico, employer history — and in the consultation we tell you what can realistically be filed.

What happens if he does not comply with the order?

Mexican courts have enforcement measures against someone living in Mexico, including direct payroll deduction. Other measures exist and their availability depends on the case and the current Nuevo León rules. We file for enforcement in the same court that heard your case and tell you honestly what to expect.

Where we are

Our office
in Monterrey.

Address
Calle José Calderón #640
Col. Chepevera, Monterrey, N.L.
Near the corner of Av. Fleteros and Prolongación Arramberri
Hours
Lunes a viernes, 9:00 a 21:00

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