Divorce, Child Support and I-864

T

TooCoolForThis

Registered Users (C)
Hi,
I am getting divorced from my U.S citizen wife. I already have my GC and we have a child in common. She is asking for full physical and legal custody of the child.My wife sponsored me for the GC and signed an I-864. Does that relive me from paying her child support upon divorce ?

Thanks,
 
child support is paid to your spouse in trust for your child. It is called child support for that reason. i think you could get away with not paying alimony or spousal support because of i-864 but you do have to pay support for your child
 
AzBlk said:
child support is paid to your spouse in trust for your child. It is called child support for that reason. i think you could get away with not paying alimony or spousal support because of i-864 but you do have to pay support for your child
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The I-864 will have no barring on your child support whatsoever. The Child Support is essentially a court order that you pay your ex-spouse a certain amount to help pay for the bills needed for your child to live. This has absolutely nothing to due with you becoming dependant on government aid. In fact, spousal support would be the same thing.

Why would the I-864 have anything to do with child support or spousal support? Neither of them have anything to do with government services?

Now if you were to go on welfare, then maybe the government would go after her for restitution... but that would still have nothing to do with child support or spousal support.
 
A court ruled in favor of one east European lady who sued her i-864 sponsor for not keeping her 125% above the poverty line as stipulated in i-864. She was awarded the difference between what she made and what the was the poverty line.
From ilw.com
Recently, law suits filed by foreign nationals against the sponsoring spouse have been successful. In a recent decision arising from a federal district court in Florida, Cheshire vs Cheshire, 2006 U.S. Dist. LEXIS 26602, Maria Cheshire, the plaintiff who is a Russian immigrant living in the US under permanent resident status, sued her ex-husband Walter Cheshire, the defendant who is a US citizen who had sponsored her for permanent residency and submitted Form I-864 in conjunction with this sponsorship. Defendant supported his wife from January 8, 1998, the date he signed the affidavit of support, until their divorce on December 20, 2001. He stopped supporting her after that date. It is noted that the state court in Florida that had ordered the dissolution of the marriage did not award alimony or support to either party.

full article
 
If you have legal income in US and the child has you listed as his parent in the birth certificate, you will be paying child support, I believe.
 
The Op hasnt said anything about spousal support, he only mentioned child support, and if you are working and have an income and your on your GC then i cant see why you cant pay child support. The I-864 wouldnt really have anything to do with child support. I wouldnt think so. Correct me if im wrong.
 
i 864 should not have not have any bearing on child support but in a hypothetical situation where say the op earns less than $12250 per year( 125% above poverty line) then he can sue the sponsor for the difference between what the op earns per year and the $12250 stipulated by i 864. In such a case the sponsor would likely owe the op more than the op would have to pay in child support.
 
BumbleBee76 said:
The Op hasnt said anything about spousal support, he only mentioned child support, and if you are working and have an income and your on your GC then i cant see why you cant pay child support. The I-864 wouldnt really have anything to do with child support. I wouldnt think so. Correct me if im wrong.
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1- She is not asking for spousal maintenance as she makes enough money (she has masters degree too).
2- My name is NOT listed on the birth certificate (yet), she is not denying I'm the father but refused to put my name on the BC (out of spite). The judge ordered her to add it though (she still hasn't done it yet as we can't agree on the last name and we have a hearing about that soon).
 
GotPR? said:
I still don't get what the problem is. You just don't want to spend money on your kids ?
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I do, but the mother just wants a free check every month without allowing me to see the kid or even listing me as the father on his birth certificate. How would I even know that the money are going to go to him and not to her. I would be more than happy to take the kid from her and raise him myself and spend money on him, but given her attitude I don't think she deserves a penny, and that's why I am asking whether I am obligated to pay her.
 
TooCoolForThis said:
I do, but the mother just wants a free check every month without allowing me to see the kid or even listing me as the father on his birth certificate. How would I even know that the money are going to go to him and not to her. I would be more than happy to take the kid from her and raise him myself and spend money on him, but given her attitude I don't think she deserves a penny, and that's why I am asking whether I am obligated to pay her.
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I'm sorry, but per my understanding, that is what most of the divorced people are doing.
Looking at the child support for celebrity divorce, child support is HUGE and I really don't think all the money goes to the kids. if you could prove that money did not go for child, you may win the case, though(not sure).
Divorce in the US is really a mess.
 
sue her for joint custody in family court and if court allows you to have your son for half the time then most likely you will not be required to pay support.
 
AzBlk said:
sue her for joint custody in family court and if court allows you to have your son for half the time then most likely you will not be required to pay support.
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Joint LEGAL custody and joint PHYSICAL custody are two different things. The courts will usually set the child support based on a number of factors including but not limited too the time spent with each parent, the amount of income each parent has and will usually set how medical insurance and extra medical costs are handled. Get it all worked out with the court and don't worry about the I-864 until after the numbers all get worked out.

However - each state is different so just get a good lawyer and get it all worked out based on your state's laws.
 
OK, I read it again.. She is not going to allow you to see your kids ? Time to lawsuit if that's the case and she still wants child support.
 
1) get a good lawyer
2) Ask for half time with kids. If that's the case, you have physical custody of the kid for every other week and if both you guys make the same kind of money no one pays any child support...or very little.
3) Giving up the child's custody completely to your wife will make you regret it for the next 18 years - even if she makes more money every year than you.
4) If she has a good case b'cos you f**ked up and there's no way to get joint custody and you end up paying child support... then you are screwed.
Speaking from experience...not mine but brother-in-law's.
 
TooCoolForThis said:
Hi,
I am getting divorced from my U.S citizen wife. I already have my GC and we have a child in common. She is asking for full physical and legal custody of the child.My wife sponsored me for the GC and signed an I-864. Does that relive me from paying her child support upon divorce ?

Thanks,
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You soon to be ex wife will continue to be responsible for her obligations under the terms of Form I-864. Divorce does not relieve her of that responsibility.

Child Support on the other hand is a separate matter. If you both cannot reach an agreement as to the welfare of the child, the courts will institute a Child Support Order against the parent who does not have physical custody of the child.

Word of advise. Seek Joint physical and legal custody of the child. Your wife not complying with a court order to acknowledge you as the father of the child on the birth certificate can be used against her in a divorce hearing. It can be construed as an admission that you are not the father of the child. Of course, paternity tests can be ordered by the court.

Child Support is an American reality :) Good Luck
 
That guy in Florida actually can easily appeal under a federal court since the I-864 and whatever USCIS does is federal not civil...divorce is a civil matter.

And if a civil court tell you to pay for your kids and if you have to do to their mother (but anyway they are YOUR kids) like it or not, you will do it, since now courts are getting way better to get your money out of you.

It's funny how people, and that's why courts are getting tougher on child support, because since the adults can't handle their own matters and keep using their children as a hot dog...too pitty.

Your immigration issues has nothing to do with your child support...you are confusing child support with the support of an alien against a federal rule.

Nobody here is a lawyer anyway...go to a divorce lawyer and find luck to get one that know what are you talking about the I-864 which again, has nothing to do with your kids. If she ask for alimony for her that's different...and still is valid in civil/divorce court...and if she wants the car, and that you pay for the mortgage of the house because is the house where the kids are going to live most of the time...she can "ask"...and you can "fight" it...and a judge will decide. But don't confuse what you must do in a divorce case with what a federal rule can do for you...which still civil courts all the time say something and then we see that nothing else happens because federal says "sorry, but no guys...".

Good luck.
 
sankarnp said:
if u do not pay child support, u lose all control over ur child. why do u want to do that.
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Child support and custody/visitation (thus "control") are two entirely different things.

Failure to pay CS will rarely (and I mean rarely) result in the loss of visitation/custody (legal "abandonment" notwithstanding). They're two separate legal entities and failure to do one will not generally mean the other will be negated (though failure to do BOTH just might....).

Dad needs to go to court and get C/V sorted out. The only way Dad avoids CS is a) he obtains full physical custody, or b) Mom remarries and Dad allows the new husband to adopt the child (this of course means Dad signs over all rights, and would become a legal stranger to the child).

I know it might seem pedantic of me, but CS is NOT meant to go to the child - CS is meant to reimburse/provide resources to aid the other parent in supporting the kiddy. If this means Mom uses the money (and no, you're not legally entitled to have Mom account for how she spends the money - asking a judge for this will get you on the wrong side of the judge very quickly) to pay her bills, her weekly bottle of wine, her car payment, whatever, then that's absolutely ok.

OP - get thee to court and get your rights established pronto! File for joint legal/physical (if that's feasible). Courts are currently NOT in the habit of awarding sole legal unless there's a jolly good reason for doing so (and Dad hasn't indicated this).

Good look OP - divorce sucks, but you can help your kid (and yourself) get through this.
 
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