Registering Child Support Orders From a Foreign Country

In February 2025, the New Hampshire Supreme Court issued its decision in In the Matter of Maria Cristina Jarero Penichet and Kenneth Corroon, highlighting the challenges of registering a child support order from outside the United States. This article offers a brief overview of the registration process in New Hampshire and explains how cases like this can present roadblocks, especially when questions of personal jurisdiction arise.

Registering Child Support Orders from Outside of the United States

When a parent receives a child support order from a court outside the United States and seeks to enforce it in New Hampshire, they must follow a specific legal process under the Uniform Interstate Family Support Act (UIFSA), which has been adopted in New Hampshire as RSA Chapter 546-B. While UIFSA is primarily used to manage child support matters across U.S. states, it also provides a mechanism for recognizing and enforcing valid foreign support orders.

This article explains how the registration process works and highlights a recent New Hampshire Supreme Court case as an example of how jurisdictional issues can become a significant roadblock.

How to Register a Foreign Child Support Order in New Hampshire

To enforce a foreign (non-U.S.) child support order in New Hampshire, the party seeking enforcement must submit a request to register the order with the appropriate New Hampshire family division. This involves:

1. Filing a Registration Request: The request must include a certified copy of the foreign support order and any translations required if the order is not in English. The party must also provide identifying information about the parties and the child involved.
2. Notice to the Other Party: After the court accepts the request, it serves notice on the other party (usually the noncustodial parent or payor), giving them an opportunity to contest the validity or enforcement of the registered order.
3. Opportunity to Contest: Under RSA 546-B:45, the responding party may raise specific defenses to contest the registration. One key defense is that the issuing foreign tribunal lacked personal jurisdiction over them.
4. Hearing and Determination: If the responding party files a timely objection, the court holds a hearing to determine whether any of the asserted defenses apply. If none apply, the court confirms the registration, and the foreign order becomes enforceable in New Hampshire as if it were a local court order.

The Importance of Jurisdiction: A Case Example

A recent decision from the New Hampshire Supreme Court illustrates how jurisdictional problems can derail an otherwise straightforward registration effort. In In the Matter of Maria Cristina Jarero Penichet and Kenneth Corroon, the mother attempted to register and enforce a child support order issued by a court in Mexico. The father objected, arguing that the Mexican court did not have personal jurisdiction over him.

The family had lived in the United States, and although the mother later relocated to Mexico with the child (with the father’s consent), the father had never lived in Mexico, had no property or business there, and had only visited once for a family event. While he voluntarily paid support over the years, there was no formal child support order in place before the Mexican court’s involvement.

The New Hampshire trial court agreed with the father and denied registration. The Supreme Court affirmed, holding that the father did not have sufficient “minimum contacts” with Mexico for its courts to assert jurisdiction over him consistent with U.S. due process standards. Importantly, the Court explained that agreeing to let the mother move to Mexico with the child, even in writing, did not mean the father had purposefully availed himself of Mexico’s legal system in a way that would make it fair for him to be sued there.

This case highlights a potential roadblock when trying to register foreign orders: even if a child support order was properly issued under foreign law, it will not be enforceable in New Hampshire unless the foreign court had personal jurisdiction over the other party under standards consistent with U.S. constitutional law and UIFSA.

Key Takeaways

• Registration is not automatic: A foreign child support order must go through a formal registration process before it can be enforced in New Hampshire.
• Jurisdiction matters: Even valid foreign orders can be denied enforcement if the issuing court lacked personal jurisdiction over the responding party.
• Foreseeability and connections are key: To establish jurisdiction, the foreign court must show that the responding party had sufficient ties to that country, and that being sued there was foreseeable and fair.

Before attempting to register an order from outside the U.S., it is wise to consult with an attorney familiar with UIFSA and international family law issues. As the Jarero Penichet case demonstrates, failing to establish proper jurisdiction can result in denial of enforcement, even where a parent has been providing support informally for years.