Where Is My Residency? A Us Citizen With A Work Visa In The Philippines.

[ksome1]

I am not sure where to find this information. I am currently working here in the Philippines on a work visa and will be here at least another year. I moved form Houston Texas with my 7 year old daughter. I am trying to go after her mother for child support and my attorney asked me am I still a resident of Texas since I am living and working in the Philippines on a work visa. I have a mailing address in Houston, and still am registered to vote there but do not own a home there any longer. Has anyone ever had a situation like this or can give me some advice as to my residency? My Lawyer said for her to pursue it legally that I would have to be a Texas resident. 

[Jollygoodfellow]

I'm no expert but to me you are a resident of Texas as you are the voters roll with a mailing address. While in the Philippines you are only working with a work visa and not a 13a so the Philippines is not your permanent residence. Thats only my opinion but why can't your lawyer tell you?

[jon1]

I am not a lawyer, but you have a Houston address, still registered to vote and most likely still have a Texas driver's license. I would say that you are a Texas resident working abroad. You will run into this at tax time. Maintaing the address, and driver's license are key.

[robert k]

I agree with the above. Unless it has changed, for purposes of dealing with the state of Texas, you can have a permanent address as long as the people actually occupying the address agree. It saved me from submitting countless change of address forms and having to get a new updated drivers licence every 4 months to a year.

[BrettGC]

Ok, from my dealings with the Child Support Agencies in both the US and Australia (when I was living in the US, because of my obligation back in Australia, and the very comprehensive reciprocal agreements between the two equivalent agencies - and to be fair, both were very easy and reasonable to deal with if you weren't trying to dodge), your daughter's citizenship is what determines the entitlement.  I agree with the other guys, why can't your lawyer tell you this?  I'm assuming your daughter is a US citizen and as such, regardless of where she resides, she is entitled to child support from the non-custodial US citizen parent.  End of story no matter where the child resides, as far as governmental agencies are concerned.  Given that the mother of your child is still a US resident, and your daughter is a US citizen, it should be black and white.  Child support in the US is a federal, not state based agency. Maybe you should contact the agency in question, and not deal with third party lawyers who are more than happy for this sh&t to be dragged out. In most cases, it's a legislated set percentage of gross income as the obligation of the non-custodial parent; there's no reason for lawyers to get involved.  The government agency will deduct from their wages the monthly obligation plus a percentage of any arrears.  Simple.  The extact formulas for payment as a percentage of income can be found

 

 http://www.usa.gov/Topics/Parents-Support.shtml

 

You know your lawyer charges you for each piece of correspondence/phone call etc right? 

 

Family court lawyers, bottom feeding scum.  Worse than ambulance chasers.

 

Sorry, bitter experience talking here. 

[JJReyes]

You can claim Texas residency. The lawyer is asking for a simple declaration from you as part of the filing, not for a legal opinion.

The confusion comes from situations when US citizens from high income tax states attempt to avoid paying state income tax. They invoke the 180 days rule. You are temporarily an out-of-state person if you are not physically present for more than six months. Since Texas is a no income tax state, there is no need to do this.

I did look into Texas as one of the places to transfer my residency during my retirement years. It turned out South Dakota was every better.

[UnCheckedOther]

KSome1, I agree with the above posts. You still have TX ties and you're in the Philippines on a work visa, meaning that the former is your home base. Just make sure that your TX address is a physical address, not just a P.O. box.

[ksome1]

Ok, from my dealings with the Child Support Agencies in both the US and Australia (when I was living in the US, because of my obligation back in Australia, and the very comprehensive reciprocal agreements between the two equivalent agencies - and to be fair, both were very easy and reasonable to deal with if you weren't trying to dodge), your daughter's citizenship is what determines the entitlement.  I agree with the other guys, why can't your lawyer tell you this?  I'm assuming your daughter is a US citizen and as such, regardless of where she resides, she is entitled to child support from the non-custodial US citizen parent.  End of story no matter where the child resides, as far as governmental agencies are concerned.  Given that the mother of your child is still a US resident, and your daughter is a US citizen, it should be black and white.  Child support in the US is a federal, not state based agency. Maybe you should contact the agency in question, and not deal with third party lawyers who are more than happy for this sh&t to be dragged out. In most cases, it's a legislated set percentage of gross income as the obligation of the non-custodial parent; there's no reason for lawyers to get involved.  The government agency will deduct from their wages the monthly obligation plus a percentage of any arrears.  Simple.  The extact formulas for payment as a percentage of income can be found

 

 http://www.usa.gov/Topics/Parents-Support.shtml

 

You know your lawyer charges you for each piece of correspondence/phone call etc right? 

 

Family court lawyers, bottom feeding scum.  Worse than ambulance chasers.

 

Sorry, bitter experience talking here. 

Thank you, yes the divorce granted me child support with the amount she is suppose to pay. However I guess I have to enforce it at the state level with the Child Support agency. That is where this because an issue where my residency is to be able to enforce them to go after it.