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TICA ALIMONY

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  • Robert Williams
    I am in a situation where last Monday a tica decided she no longer wanted to live with me.  My lawyer said the courts might find me responsible for alimony,
    Message 1 of 11 , Aug 2, 2014
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      I am in a situation where last Monday a tica decided she no longer wanted to live with me. 


      My lawyer said the courts might find me responsible for alimony, but........................


      None of anex-pat's assets outside the US can be attached, nor can a Social Security benefit be attached. It is assets and/or income within Costa Rica that may be attached for payment of alimony. For those desiring to have a tica live under their roof, it would be advisable to have only limited assets in Costa Rica; meaning that it is not advisable to own a house or real estate of substantial value.


      It is my understanding, according to my attorney, that the tica has one year to file for alimony. But the gringo must be served notice. From the time the gringo knows he is going to be served to the end of the one year time frame the gringo can leave the country and avoid being served notice.


      Some have indicated there are certain time frames that must be considered to determine a common law marriage in Costa Rica. Some have suggested three years, some have suggested five years for determining when a common law marriage begins. According to my attorney there is no chronological time frame. Rather, the common law marriage begins at the point whenever the tica's lifestyle is enhanced. That could be one month after the tica moves in for all practical purposes.


      All of the above information is contrary to what I have seen in print previously, and surely will promote discussion.


      Robert


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    • livinglifeincostarica
      Actually, does anyone have a REALLY GOOD English-speaking lawyer here that helps gringo guys in this situation??? I d love to get that info (& share it here
      Message 2 of 11 , Aug 3, 2014
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        Actually, does anyone have a REALLY GOOD English-speaking lawyer here that helps gringo guys in this situation??? I'd love to get that info (& share it here for the next guy).


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      • John French
        Prenuptial agreements are legal in CR. The agreement is valid for couples intending to get married within a year, but it is not binding on marriage -- they
        Message 3 of 11 , Aug 3, 2014
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          Prenuptial agreements are legal in CR. The agreement is valid for
          couples intending to get married within a year, but it is not binding on
          marriage -- they don't require the marriage to take place. At the end of
          the year, you can negotiate a new prenup, as i understand it.


          On the other hand, the Tica can at any time claim you are abusing her,
          and then you are in trouble. The wisest thing to do in that case is to
          only rent, and keep your assets in a corporation which is part of the
          prenup.


          It isn't just Ticas vs Gringos. This sort of scam happens everywhere --
          but not as often as husbands physically abusing wives.


          John French
        • livinglifeincostarica
          I m REALLY CURIOUS what other experience some of you have you guys had here with breaking up with a Tica chica?? I think it could be REALLY HELPFUL to some of
          Message 4 of 11 , Aug 3, 2014
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            I'm REALLY CURIOUS what other experience some of you have you guys had here with breaking up with a Tica chica??

            I think it could be REALLY HELPFUL to some of the guys thinking of moving to CR &/or that are involved with gals here.


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          • James Flannigan
            Sorry that went out without being sent or finished. I know of several men that have had to pay alimony and others that had to pay alimony and child support. 
            Message 5 of 11 , Aug 3, 2014
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              Sorry that went out without being sent or finished.


              I know of several men that have had to pay alimony and others that had to pay alimony and child support.  One friend from Canada had to pay $3,200.00 per month child support for one child and another $1,800 for alimony for 5 years and then the alimony drops to $1,200.  He did not pay and he was picked up in Canada.


              I know another man that owed alimony and he went back to FL and she went to FL and took him to court in FL and had the order domesticated for FL.  I was on a plan with a man coming back to CR about 6 months ago and the Police met him at the gate and took him right there for child support.  They are not messing around with this when it comes to North Americans.  A Costa Rican will be ordered to pay $160 a month child support and an American will be ordered to pay $1,000 a month.


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            • fraluchi
              What can a lawyer do to prevent a guy s guts to work instead of his brains? [Non-text portions of this message have been removed]
              Message 6 of 11 , Aug 4, 2014
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                What can a lawyer do to prevent a guy's guts to work instead of his brains?

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              • Peter Wendell
                Tell him true stories about what happens when his ægutsÆ do the thinking? ... [Non-text portions of this message have been removed]
                Message 7 of 11 , Aug 4, 2014
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                  Tell him true stories about what happens when his �guts� do the thinking?




                  > What can a lawyer do to prevent a guy's guts to work instead of his brains?






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                • sailorant7
                  C: Users USER Desktop Backup Documents AM Costa Rica. Common Law Marriages and womans Rights..mht I don t know if the above link will work, if not, you can go
                  Message 8 of 11 , Aug 4, 2014
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                    C:\Users\USER\Desktop\Backup\Documents\AM Costa Rica. Common Law Marriages and womans Rights..mht

                    I don't know if the above link will work, if not, you can go the the AMCosta Rica archives.


                    AMCostRica Monday Feb, 25, 2008.



                    Sail,





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                  • Robert Williams
                    Thanks Jim regarding your comment whereby the man slipped into Nicaragua, and flew from Managua to the US. But there is one person commenting that suggests
                    Message 9 of 11 , Aug 5, 2014
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                      Thanks Jim regarding your comment whereby the man slipped into Nicaragua, and flew from Managua to the US. But there is one person commenting that suggests there is reciprocity between Costa Rica and certain states in the US whereby courts will honor Costa Rican court judgements. 


                      While my attorney advised me that only assets and/or income are considered in a divorce settlement, it would be interesting to see comments from Costa Rican lawyers regarding the subject. Personally I m am standing by what lawyer advises. 


                      Robert


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                    • Robert Williams
                      The statement in my previous post was incorrect. Here is what I posted:
                      Message 10 of 11 , Aug 5, 2014
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                        The statement in my previous post was incorrect. Here is what I posted:


                        <While my attorney advised me that only assets and/or income are considered in a divorce settlement, it would be interesting to see comments from Costa Rican <lawyers regarding the subject. Personally I m am standing by what lawyer advises. 




                        I should have stated:


                        Only assets and/or income one has within Costa Rica are considered by the court when determining alimony and/or child support. in a divorce settlement. That is what my attorney advises, and until someone can document to the contrary I am sticking with his advise..


                        Robert


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                      • joyofcolor
                        Here s an little article that will get you thinking....I am posting it in its entirety because the link to it on Google doesn t work, this is a google cache,
                        Message 11 of 11 , Aug 6, 2014
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                          Here's an little article that will get you thinking....I am posting it in its entirety because the link to it on Google doesn't work, this is a google cache, and anyway it is on a page with several other articles and requires a lot of scrolling to find.


                          U.S. man, 70, blames embassy for prolonging prison stay
                          By Elise Sonray
                          of the A.M. Costa Rica staff


                          A U.S. man said he's trapped in prison because the U.S. Embassy won't give him a document he needs to prove he's paying child support.


                          The man, Francis Vokoun who spent his 70th birthday in prison, said that his Costa Rican wife is not being truthful to the judge about the child support payments. All he needs to get out of jail, he said, is proof of payment from the U.S. Embassy.


                          Vokoun receives a Social Security check from the United States every month and that check is sent to the U.S. Embassy. But only Vokoun's wife has access to the information regarding the child support payments, said an embassy spokeswoman.


                          Vokoun needs to file a subpoena to get the information, stated the spokeswoman in an e-mail. She also cited the federal Privacy Act.


                          �The problem is that, although Mr. Vokoun is the wage earner, he is NOT the beneficiary or the 'representative payee' of those benefits (ironically, his wife, who is the custodial parent, is the representative payee). Simply stated, his kids' benefits do not 'belong' to him, and the SSA cannot give him any information about those payments without authorization from the representative payee. Mr. Vokoun's only option for obtaining this information is to have the Costa Rican court issue a subpoena (in Spanish, a citaci�n) to the Social Security Administration asking for a 'verification of benefit.'" The subpoena can be served through the Federal Benefits Unit in Costa Rica, the spokesperson said.


                          Vokoun's lawyer, Sara Arias Soto, said Sunday that the embassy employee was giving false information. Ms. Arias said she has spoken repeatedly with embassy employees who tell her they will look into her questions and get back to her but never do. �I always had a different impression of the embassy until now,� said Ms. Arias. �How can they
                          help a Tica but allow one of their own citizens be shut in jail?� Ms. Arias also emphasized the fact that Vokoun is a senior citizen.


                          Vokoun said he believed to file a subpoena would be extremely difficult and that six years ago the judge, contacted the embassy in an attempt to get the information but no one had given it to her.


                          Vokoun said the judge he had in Escaz� has thrown many other men into prison for not paying their child support simply on the mother's statements. Ms. Arias made similar allegations. Two other men at the prison, La Reforma, talked to A.M. Costa Rica by telephone making similar allegations about the same judge, Zianny Calder�n Torres. Both of the men said they paid their child support and that the judge threw them in jail based on the testimonies' of their wives. Both of the men who are Costa Rican said they had been thrown in jail nearly a dozen times each.


                          In Costa Rica, fathers who do not pay child support are usually sentenced to prison until they pay. Vokoun said many of the men there told him they owe less than $40.


                          Vokoun believes he will be released Wednesday after six months. The U.S. Embassy spokesperson said he was sentenced nine months. Meanwhile, Vokoun said he must share one of three cold showers with 200 men and sleep on a 3-inch foam mattress. The prison is invested with rats and cockroaches, said Vokoun. �It's a chamber of horrors,� said the 70-year old, who also said someone steals his blood pressure medicine and sells it to other prisoners.


                          Vokoun said now he prefers to buy the pills from the prison drug dealer rather than obtain them the legal way.


                          According to Vokoun's former lawyer, Jorge Calvo Cascante, Vokoun's wife is now renting out Vokoun's property in Escaz� and living somewhere else. �When Francis first came to Costa Rica, his wife had him sign over the house and all his property into her name,� said Calvo. Vokoun had a large fish farm and a beautiful house in Escaz�, according to friends.






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