Support for Children Of Foreign Spouses

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Advice: Last year I married a Japanese man, and we have had one child. However, I also have a child to my former husband, but my current husband will not accept this child as his own. My child is not well, and has considerable medical expenses. Is it possible to request support from my current husband?

Regarding financial support for direct marital relations (such as one’s parents in-law Japan, whether you child from a previous marriage is under 21 years of age, single and residing in Japan, whether your child is eligible for financial support and from whom your child can request support depends on the law in your child’s country of residence under the Convention on the Law Applicable to Maintenance Obligations Towards Children.

In this case, Japanese law is the applicable law, and under Japanese civil law, your current husband is obliged to support your child from a previous marriage only in cases where the family court rules that there are special circumstances and established the duty of support.

Duty of support is established after you (in the place of your child) present a statement of procedures applicable to maintenance (Fuyo ni Kansuru shobun) to the family court nearest to the area in which you reside, and the family court rules that there are special circumstance in your case.

This article was originally aired on ZIP FM’s Global Voice in August 2007

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