Alimony and new marriage with an illegal hard labor worker in California

[marciamlt]

What is the name of your state (only U.S. law)?
California

I have been divorced since 2010 after a 10 year marriage. We agree to a reduced alimony (U$500 instead of the U$1500) for an extended period of time (till my younger ( 11 years old) turns 18 ( we have an order). Now, I'm about to marry (September) a guy from my country (does not speak much English) that has no papers from the US and thus works only hard labor for cash. What happens to my alimony then? What about Child support? The order specifies when the alimony ends but does not specify about a new marriage. Should I do anything?

 

[Banned_Princess]

What is the name of your state (only U.S. law)?
California

I have been divorced since 2010 after a 10 year marriage. We agree to a reduced alimony (U$500 instead of the U$1500) for an extended period of time (till my younger ( 11 years old) turns 18 ( we have an order). Now, I'm about to marry (September) a guy from my country (does not speak much English) that has no papers from the US and thus works only hard labor for cash. What happens to my alimony then? What about Child support? The order specifies when the alimony ends but does not specify about a new marriage. Should I do anything?

I'm sure once you get married (doesn't matter to who) your ex will high tail it to court to have alimony stopped.

the good news for you is your ex is still responsible for child support nomatter who you marry.


I don't know why you have gone out of your way to tell us you are marrying an illegal. that just makes you part of the problem.

 

[OHRoadwarrior]

Save plenty of money to move back to your home country with him, when he is deported.

 

[marciamlt]

I'm sure once you get married (doesn't matter to who) your ex will high tail it to court to have alimony stopped.

the good news for you is your ex is still responsible for child support nomatter who you marry.


I don't know why you have gone out of your way to tell us you are marrying an illegal. that just makes you part of the problem.

I may be part of the problem but I'm also part of the solution. I met the man of my life and I will solve the problem. You know why? Because I can. I work very hard and so does he, I wanted to see you do his kind of work before your judgment. There are millions unemployed but he gets work everyday, you know why? Most unemployed feel they deserve better, they can't take the hard work, they feel entitled to more and that problem was not created by me. Sorry. In any case, thanks for the advice.

 

[marciamlt]

Save plenty of money to move back to your home country with him, when he is deported.

Was that legal advice? kkkkk It's gonna need more than that to get us deported. You should rethink your statement. What the US needs is hard workers and we are two of them. Maybe the lazy ones relying on the SSI and welfare should be deported. The fact is that, when people want to work, they do it. The rest, find excuses. I will save money. I will marry who I will and do what i have to do. And you should be glad to have me as part of the team. If you don't like it, find a place for yourself and go be an immigrant. The way things are, you might end up having to do that anyways...

 

[Proserpina]

Was that legal advice? kkkkk It's gonna need more than that to get us deported. You should rethink your statement. What the US needs is hard workers and we are two of them. Maybe the lazy ones relying on the SSI and welfare should be deported. The fact is that, when people want to work, they do it. The rest, find excuses. I will save money. I will marry who I will and do what i have to do. And you should be glad to have me as part of the team. If you don't like it, find a place for yourself and go be an immigrant. The way things are, you might end up having to do that anyways...

Oh knock it off. I AM an immigrant, except I am one who did it legally.

Your misguided rantings are just that - misguided rantings.

 

[Proserpina]

I may be part of the problem but I'm also part of the solution. I met the man of my life and I will solve the problem. You know why? Because I can. I work very hard and so does he, I wanted to see you do his kind of work before your judgment. There are millions unemployed but he gets work everyday, you know why? Most unemployed feel they deserve better, they can't take the hard work, they feel entitled to more and that problem was not created by me. Sorry. In any case, thanks for the advice.

And honey, you're not going to be solving HIS problem any time soon unless he leaves the country first.

I know of what I speak. You do not, quite clearly.

 

[LdiJ]

And honey, you're not going to be solving HIS problem any time soon unless he leaves the country first.

I know of what I speak. You do not, quite clearly.

Unless of course he entered legally, and just overstayed.

 

[LdiJ]

What is the name of your state (only U.S. law)?
California

I have been divorced since 2010 after a 10 year marriage. We agree to a reduced alimony (U$500 instead of the U$1500) for an extended period of time (till my younger ( 11 years old) turns 18 ( we have an order). Now, I'm about to marry (September) a guy from my country (does not speak much English) that has no papers from the US and thus works only hard labor for cash. What happens to my alimony then? What about Child support? The order specifies when the alimony ends but does not specify about a new marriage. Should I do anything?

That alimony arrangement smacks of potential tax fraud. Any time that alimony is tied to a child becoming a legal adult the IRS considered is to be child support, which is not tax deductible.

 

[Ohiogal]

I may be part of the problem but I'm also part of the solution. I met the man of my life and I will solve the problem. You know why? Because I can. I work very hard and so does he, I wanted to see you do his kind of work before your judgment. There are millions unemployed but he gets work everyday, you know why? Most unemployed feel they deserve better, they can't take the hard work, they feel entitled to more and that problem was not created by me. Sorry. In any case, thanks for the advice.

He is here working illegally. He is part of the problem as is the individual that is employing him illegally. If he wanted to be part of the solution, he would do what he can to be in this country LEGALLY and not illegally. I love how you expect to live off your ex husband while you marry the "man" of your life. Your man is a criminal. End of story. Expect that your ex may fight you for child custody based on the fact that you are marrying a criminal.

 

[Proserpina]

Unless of course he entered legally, and just overstayed.

Not these days, unfortunately for OP. Overstays are not as easily forgiven as they once were.

 

[LdiJ]

Not these days, unfortunately for OP. Overstays are not as easily forgiven as they once were.

Is this REALLY recent?...because I know of a couple of clients whose new spouses got to adjust their status in the last year or so. For 2010 they filed taxes with the spouse having an ITIN number and for 2011 they filed taxes with the spouse having an SSN issued sometime in 2011.

 

[LdiJ]

He is here working illegally. He is part of the problem as is the individual that is employing him illegally. If he wanted to be part of the solution, he would do what he can to be in this country LEGALLY and not illegally. I love how you expect to live off your ex husband while you marry the "man" of your life. Your man is a criminal. End of story. Expect that your ex may fight you for child custody based on the fact that you are marrying a criminal.

A Recent USSC decision was rather specific that it was a civil violation rather than a criminal one.

 

[OHRoadwarrior]

Was that legal advice? kkkkk It's gonna need more than that to get us deported. You should rethink your statement. What the US needs is hard workers and we are two of them. Maybe the lazy ones relying on the SSI and welfare should be deported. The fact is that, when people want to work, they do it. The rest, find excuses. I will save money. I will marry who I will and do what i have to do. And you should be glad to have me as part of the team. If you don't like it, find a place for yourself and go be an immigrant. The way things are, you might end up having to do that anyways...

He is not a legal immigrant. He is someone taking a job a US citizen cannot get because he is willing to work illegally for substandard wages and working conditions. If he was not here, one more US citizen would have a job. I am not a criminal, I will stay in this country legally thanks. BTW, we don't buy the "immigrant" crap, I suggest you search for the definition of parasite. You will find it more fitting to his status.

 

[Proserpina]

Is this REALLY recent?...because I know of a couple of clients whose new spouses got to adjust their status in the last year or so. For 2010 they filed taxes with the spouse having an ITIN number and for 2011 they filed taxes with the spouse having an SSN issued sometime in 2011.

I'm going to say within the past 2 or 3 years. And the only reason I'm so sure is because like you I was pretty solid with the statement that an overstay is generally forgiven if the alien has a bona fide marriage with a US citizen. Why? Because it was true!

Then I got my arse handed to me royally on two different platters from two different forums. Within the last couple of years, USCIS has not only changed how they adjudicate AOS petitions based on marriages happening during or after the VWP timeline, but also the guidelines relating to other overstays.

Example? Remember where in times gone by, if you came here on the VWP you were always (and correctly) advised that you should NOT marry within that time period - you have to wait until your 90 days have expired? Evidently the opposite now applies. While it seems counter-intuitive (to me at least), the advice now is that you need to marry DURING that VWP time period.