Owing Back Child Support :/

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sjsauceda

New Member
My husband owes back child support for children of a previous relationship. He's presently unemployed and our finances are being supported by my student loans.

We want to apply for his citizenship, but worry that the arrearages for child support will affect the process and outcome.

Has anyone had this situation and what does our chances look like? I believe that becoming a citizen will open up more employment opportunities which will help him get caught up with his child support obligation, as he wants to be part of his other children's lives :)

Please advise. Should we continue to wait to apply for his citizenship until he's paid up (which at the foreseeable future dictates will take years) or should we apply now and explain our extenuating circumstances which are completely verifiable?

Thanks,
Sandra
 
I think owing child support is different from failure to provide child support. The later can be considered lack of good moral character and the former reflect just finacial situation.
 
sjsauceda said:
My husband owes back child support for children of a previous relationship. He's presently unemployed and our finances are being supported by my student loans.

We want to apply for his citizenship, but worry that the arrearages for child support will affect the process and outcome.

Has anyone had this situation and what does our chances look like? I believe that becoming a citizen will open up more employment opportunities which will help him get caught up with his child support obligation, as he wants to be part of his other children's lives :)

Please advise. Should we continue to wait to apply for his citizenship until he's paid up (which at the foreseeable future dictates will take years) or should we apply now and explain our extenuating circumstances which are completely verifiable?

Thanks,
Sandra
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If he owes child support, forget about applying for his citizenship because it is going to be held against him. USCIS is going to require that he shows proof of payment of child support. What are we talking about here in terms of back child support he owes? If it is significant, just wait till he has caught-up, because his failure show bad moral character-bring child into this world, but unable to provide for it. That's going to be the view of USCIS. There is someone on this forum, he was ask to show proof that he's up-to-date on his child support payment, he mailed them all his cancelled checks and if I am mistaken, he had a transcript from the court showing that he's up to date. In my view, safe the $675.00 and use it towards paying his child support debt. Unfortunately, he can't circumvent this issue, it needs to be taken care off.

Unfortunately, USCIS won't take a role of a social service dept, explaining why he's behind won't cut it. USCIS is going to view granting him US citizenship as condoning his behavior, and they don't want to be in a position to adjudicate cases based on people financial situation. To be blunt, he has already violated a court order, which he agreed to in front of the judge, "pay child support in the amount of $$$". USCIS doesn't take kindly people who violate the law, irrespective of financial difficulty. If they grant him US citizenship, and he never settles his child support debt, they have to come and revoke his citizenship? Absolutely NOT!!! He needs to meet the requirement on the date his case is adjudicated. If he owed taxes, I would be encouraging you to get a payment plan with IRS, apply for his citizenship, provided he didn't owe any child support and met all naturalization requirements, he would have got his US citizenship because IRS will get its money.
 
The child support is BIG issue, i had my interview on Aug 24th and passed test and was asked about kids ages,who they living with ,how much $ paid and how often. At the end of interview she asked for me to send 6 months of canceled checks which i did same day and as of today havent heard back yet. SO if he's behind on court ordered child support dont waste your money on fee for application until its curent. In my case my payments go directly to ex instead of the State unit so im not sure if theyre going to ask for anything else.
 
"You can't afford to pay your child support, but you're spending $675 to apply for citizenship??!!" -- the interviewer is going to brutalize him on the moral character aspect.

As long as those support payments are overdue, if he's going to get citizenship he'll need to pursue other routes to citizenship that don't require good moral character -- most particularly the Child Citizenship Act which may confer citizenship to him if at least one of his parents became a citizen before he turned 18. So, did either parent become a US citizen before he turned 18?
 
What is a "canceled check" anyway? Can anybody explain? So the court orders "each month Dad pays $1000 to Child". Now, Dad is expected to mail-in the checks for $1000 each month. Now, what does the "canceled check" mean? Pardon my ignorance.

What if at the time of interview, the court had not ordered any child-support yet? What happens in this case? Any idea?
 
Lolitochka said:
would that matter that the OP is unemployed, and not making any money
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He doesn't get to automatically stop paying just because of unemployment. During periods of reduced income or no income, he can file a motion with the court to reduce or suspend the child support payments. But he still would be liable for the back payments that were accrued before he applied for that relief.
 
poongunranar said:
What is a "canceled check" anyway? Can anybody explain? So the court orders "each month Dad pays $1000 to Child". Now, Dad is expected to mail-in the checks for $1000 each month. Now, what does the "canceled check" mean? Pardon my ignorance.
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After a check is processed, the bank either will send you back the physical check with a stamp on it to indicate that it has been used, or they will provide an image of the processed check on your bank statement. Either the used physical check or the bank-provided image of it is called a "canceled check".
 
Lolitochka said:
would that matter that the OP is unemployed, and not making any money
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Loli,

The arguments you are making are not going to any difference whatsoever to USCIS, plus America has a huge populace of deadbeat dads who don't pay any child support and claim they are unemployed or make little money. With this in mind, do you really think USCIS would want to award US citizenship to someone who owes thousands of $$$ to their child? I doubt that will happen. A very smart MA US Congressman once remarked that "trying to argue or reason with someone would be like arguing with a dining room table". USCIS isn't going to reason or argue with you, your judgment is impaired because he's your spouse but they are going to reject his application for poor moral character, which will have him wait for years, especially if he doesn't settle his debt. All US state have child support enforcement, does your husband have a driver's license? In the near future, it is going to be suspended for lack of child support payment, all of this in a due time.
What would be a best solution, is for you and him to start paying his debt down or face the music. There is no way around this issue, you can be rest assured on this issue.

You can read the information on the link below about NY State,


https://newyorkchildsupport.com/non_custodial_parent_info.html#whatis_cse
 
I have a question, I am wondering if I would even be a candidate for my husband to become a citizen. I owe back child support, haven't been able to pay it so they took away my passport and drivers license suspended. I owe back taxes but starting to pay it back. Am a full time student and going for my medical degree and start paying the support back but is over 30 thousand. Would they even consider letting me sponsor me?? Probably a stupid question!!!
 
Laura2588 said:
I have a question, I am wondering if I would even be a candidate for my husband to become a citizen. I owe back child support, haven't been able to pay it so they took away my passport and drivers license suspended. I owe back taxes but starting to pay it back. Am a full time student and going for my medical degree and start paying the support back but is over 30 thousand. Would they even consider letting me sponsor me?? Probably a stupid question!!!
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I don't think your child support issues would affect your ability to petition your husband for immigration.
 
Laura2588 said:
I have a question, I am wondering if I would even be a candidate for my husband to become a citizen. I owe back child support, haven't been able to pay it so they took away my passport and drivers license suspended. I owe back taxes but starting to pay it back. Am a full time student and going for my medical degree and start paying the support back but is over 30 thousand. Would they even consider letting me sponsor me?? Probably a stupid question!!!
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Am I correct to assume that you are seeking to sponsor your husband through I-130 to obtain LPR status? If so, you will be facing minimum financial requirements through mandatory I-864 process. You might want to look into that in some detail, depending on personal circumstances. Owing back taxes to the IRS will most likely become another issue.
 
Hi Everyone

I have few questions maybe someone can help me with .
I have a child in the US while i was back in my Country the Mother file for child support as i was out of the US and was unable to travel there were court hearing and they decided how much i have to pay without any knowledge of if or how much is my income .
now i am planning to visit the US again what should i expect ??
 
primal said:
Hi Everyone

I have few questions maybe someone can help me with .
I have a child in the US while i was back in my Country the Mother file for child support as i was out of the US and was unable to travel there were court hearing and they decided how much i have to pay without any knowledge of if or how much is my income .
now i am planning to visit the US again what should i expect ??
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Did you follow the law and pay child support as determined by the court? The answer to this question will determine "what you should expect" upon return to the US....:confused:
 
Hi
No i haven,t paid because 1 i am unable because i had a Motorcycle accident so i have been unable to work and 2 if i was able to work the Amout in my currency is more then 80% of my normal salary
 
primal said:
Hi
No i haven,t paid because 1 i am unable because i had a Motorcycle accident so i have been unable to work and 2 if i was able to work the Amout in my currency is more then 80% of my normal salary
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Well, they will be delighted to see you back then. First of all, you will be dealing with State Law - here an example for the State of Indiana:

"Indiana Code 35-46-1-5 provides that a person who knowingly or intentionally fails to provide support to a dependent, commits Nonsupport of a Child, a class D felony. It is a Class C Felony if the amount of unpaid support due and owing for one or more children is at least $15,000." Other States will be similar, you are dealing with a felony!

However, you are also facing serious issues from federal law, enclosed below for your reading:

"18 U.S.C. § 228- Failure to pay legal child support obligations

Section 228 of Title 18, United States Code, makes it illegal for an individual to willfully fail to pay child support in certain circumstances.

For one, an individual is subject to federal prosecution if he or she willfully fails to pay child support that has been ordered by a court for a child who lives in another state, or if the payment is past due for longer than 1 year or exceeds the amount of $5,000. A violation of this law is a criminal misdemeanor, and convicted offender face fines and up to 6 months in prison (See 18 U.S.C. § 228(a)(1)).

If, under the same circumstances, the child support payment is overdue for longer than 2 years, or the amount exceeds $10,000, the violation is a criminal felony, and convicted offenders face fines and up to 2 years in prison (See 18 U.S.C.§ 228(a)(3)).

Lastly, this statute prohibits individuals obligated to pay child support from crossing state lines or fleeing the country with the intent to avoid paying child support that has either been past due for more than 1 year or exceeds $5,000. (See 18 U.S.C. § 228(a)(2)). Any individual convicted of this crime may face up to 2 years in prison."

No question you are facing serious legal problems. Hopefully you will pay up to your obligations, which is all I would say further on your case.
 
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