Child spport and spousal support.

[BELLEZA20]

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


My wife (separated 2 years ago no divorced) came to NY for first time. I sponsor her because i want to have my daughter in this country but now she has 3 months here and she wants child support and spousl support and she said that she wont work cause I have to support her.


I already went to Child Support court ,right now I'm paying 650 dollars and the judge ordered Health Insure for my daughter and m ex wife. I will appeal for child support because thats not 17%.

I talked to a lawyer and he told me that the jugde will order to pay spousal support. Is this true? We never lived together she was in her country and i was here the only thing that we have in common is my daughter.


I cant effort a Spousal support will the judge order it?

[Ohiogal]

Originally Posted by BELLEZA20

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


My wife (separated 2 years ago no divorced) came to NY for first time. I sponsor her because i want to have my daughter in this country but now she has 3 months here and she wants child support and spousl support and she said that she wont work cause I have to support her.


I already went to Child Support court ,right now I'm paying 650 dollars and the judge ordered Health Insure for my daughter and m ex wife. I will appeal for child support because thats not 17%.

I talked to a lawyer and he told me that the jugde will order to pay spousal support. Is this true? We never lived together she was in her country and i was here the only thing that we have in common is my daughter.


I cant effort a Spousal support will the judge order it?

Yes you will be responsible for supporting her since YOU sponsored her and if the judge in the divorce does not order it, the federal government can force the issue.

[Dogmatique]

Originally Posted by Ohiogal

Yes you will be responsible for supporting her since YOU sponsored her and if the judge in the divorce does not order it, the federal government can force the issue.

I could very well be mistaken but it was my understanding that the Federal Government will usually only enforce it to recoup welfare/federal funds paid to the immigrant; in all of the cases so far the onus has been on the immigrant to actually to file for spousal support.

I'll try and find more info on that.

[BELLEZA20]

I already talked to Immigration and I cancel the petition,but she has permanent green card ,her problem will come in the future when she has to renew her GC, for now I have to go to Family court.

My question is : Do I have to pay spousal support for somebody that i had never live and who I never support . She said that I have to support her cause she take care of our daughter. She's 33 years old and she can work but she wants my money.


I will go to court on tuesday.

I want your opinion.

[LdiJ]

Originally Posted by BELLEZA20

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


My wife (separated 2 years ago no divorced) came to NY for first time. I sponsor her because i want to have my daughter in this country but now she has 3 months here and she wants child support and spousl support and she said that she wont work cause I have to support her.


I already went to Child Support court ,right now I'm paying 650 dollars and the judge ordered Health Insure for my daughter and m ex wife. I will appeal for child support because thats not 17%.

I talked to a lawyer and he told me that the jugde will order to pay spousal support. Is this true? We never lived together she was in her country and i was here the only thing that we have in common is my daughter.


I cant effort a Spousal support will the judge order it?

You sponsored her to come into the US. When you did that, you also guaranteed to support her. You WILL have to pay spousal support. Even if the state court judge doesn't order it, the federal government WILL.

[Dogmatique]

If she has already become a legal permanent resident, you cannot withdraw the I864 Affidavit of Support retroactively - it's a done deal.

She won't have any issues renewing her green card in the future (at least no issues stemming from the divorce).

If she knows what she is entitled to (you paying her support, about $1000/month if she's not working) and files suit you're going to be on the hook until she either:

Leaves the country permanently;
Earns enough qualifying SS quarters (works for about 10 years);
Becomes a citizen (naturalizes);
Dies

I'm sorry it's not better news.

[BELLEZA20]

Is this true? I will have to live in the street ... How can I pay child support 650 plus 1000month . I cant effort all that money. My income is just 2300/month. I have to pay my rent ,my food etc.

[BELLEZA20]

I will tell u what happened on Tuesday cause this can't be like this.

[Dogmatique]

Originally Posted by BELLEZA20

Is this true? I will have to live in the street ... How can I pay child support 650 plus 1000month . I cant effort all that money. My income is just 2300/month. I have to pay my rent ,my food etc.

Sigh...yes, I know. But that's the problem when we sign things without really grasping the consequences, you know?

I really don't know what else to say; you can try to come to some sort of informal agreement with her.

I'd guess that this won't actually be addressed next week; it might, but even if it's not she can (and possibly will) file suit against you on its own merit.

Hang tight here for a few minutes if you can - I want to try and dig up some more information for you, k?

[BELLEZA20]

ok i will

[Dogmatique]

Ok.

Here is a list of pro-bono/low cost law firms in NY who deal with immigration issues:

[url=http://www.usdoj.gov/eoir/probono/freelglchtNY.htm]LIST OF FREE LEGAL SERVICES PROVIDERS[/url]

And this one references Stump vs. Stump which is pretty much the precedent-setting case.

[url=http://www.ilw.com/articles/2006,0110-wheeler.shtm]ILW.COM - immigration news: Alien vs Sponsor: Legal Enforceability Of The Affidavit Of Support[/url]

[url]http://www.divorcesource.com/NJ/ARTICLES/sliwinski86.html[/url]

There are more if you google, but the one mentioned above actually discusses possible defenses. Admittedly those defenses didn't help the sponsor in that example, but it doesn't hurt to read and print the whole thing.

So start calling those numbers on Monday and in the meantime try to come up with a possible settlement with your ex.

I'm around quite a lot on these boards (I have no life lol) so if you have more questions either leave them on this thread (having two threads can be confusing), and/or drop me a PM.

ETA: One court has found that if the sponsored immigrant has earnings capability or enough assets and/or wages that s/he is no longer entitled to support, although the wording was apparently ambiguous (receiving no support for *that year*, as opposed to negating the I-864 itself.

[BELLEZA20]

thanks for your help

[Dogmatique]

You're welcome

Do come back and let us know how it goes! And good luck.

[cebuana]

I am just curious and wondering about everything happen in your life, is you wife from Philippines?

[Dogmatique]

Originally Posted by cebuana

I am just curious and wondering about everything happen in your life, is you wife from Philippines?

Is this relevant to OP's questions?