Wife filed for child support and spousal support but we only lived for 6 months

[dougdmusa]

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

I lived with my wife for 6 months or so less than a year, but we married back in July 2007, the first time we seperated was about 4 months after we had lived together due to her being physical such as hitting me at times because of disputes regarding friends (girls) she thought I was having an affair with, the second time we decided to try it one more time and I ended up living with her 1 week and left the apartment, it has been 1 years since I left and now she filed to child support, and spousal support, which I dont believe she deserves since I have not given her a way of living she got used to due to the amount of time we lived together.

I might also add that last year I got her green card as she is from guatemala, and has been living there since the first time of separation, I have always given her monthly payments for child supports since my kid was born.

 

[TheGeekess]

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

I lived with my wife for 6 months or so less than a year, but we married back in July 2007, the first time we seperated was about 4 months after we had lived together due to her being physical such as hitting me at times because of disputes regarding friends (girls) she thought I was having an affair with, the second time we decided to try it one more time and I ended up living with her 1 week and left the apartment, it has been 1 years since I left and now she filed to child support, and spousal support, which I dont believe she deserves since I have not given her a way of living she got used to due to the amount of time we lived together.

I might also add that last year I got her green card as she is from guatemala, and has been living there since the first time of separation, I have always given her monthly payments for child supports since my kid was born.

Of course you'll pay Child Support. And if you are her sponsor, then you'll legally obligated to support her if she can't support herself.

 

[CJane]

last year I got her green card as she is from guatemala, and has been living there since the first time of separation

As Geekess mentioned... if you're her sponsor, you WILL be paying to support her. Probably for quite some time. But I'm curious... she's not currently living in the US and neither is your child?

 

[dougdmusa]

As Geekess mentioned... if you're her sponsor, you WILL be paying to support her. Probably for quite some time. But I'm curious... she's not currently living in the US and neither is your child?

She is currently living in Virginia with my child, and is working but makes 10.50 an hour.

 

[CJane]

She is currently living in Virginia with my child, and is working but makes 10.50 an hour.

In Cheshire v. Cheshire, a case in Florida, it was held that pursuant to the INA and the terms of Form I-864, a sponsor's support obligations to the sponsored immigrant under an affidavit of support terminate only upon the occurrence of one of five circumstances: 1) the sponsor's death, 2) the sponsored immigrant's death, 3) the sponsored immigrant becoming a U.S. citizen, 4) the sponsored immigrant permanently departing the U.S., or 5) the sponsored immigrant being credited with a total of 40 qualifying quarters of work.

The majority of sponsored immigrants will have to work ten years to meet the 40 quarters requirement, as a maximum of four quarters can be earned in a year. However, sponsored immigrants can be credited with quarters earned by the immigrant's spouse during the marriage, but only if the alien remains married to that spouse. The sponsor’s financial obligations under the affidavit of support terminate only upon the occurrence of one of the five circumstances above; hence divorce does not invalidate the contract created by the affidavit of support.

As such, a spouse sponsoring an immigrant spouse can be liable under the affidavit of support even after divorce. The instructions accompanying the affidavit of support, Form I-864,
provide that "divorce does not terminate the obligation" of a sponsor to support the sponsored immigrant. Federal courts have found that divorce between a sponsored immigrant and a sponsor
does not necessarily negate a sponsor's financial liability under an affidavit of support

The parties in Cheshire were divorced but that did not alleviate sponsor’s obligation to support the foreign spouse according to Section 1183(a) and the terms of Form I-864.

 

[ecmst12]

Sponsor only has to support up to 150% of the poverty level, I suspect what OP's wife is making is enough to get him off the hook for the moment (though I don't know for sure). He will of course have to pay child support regardless of anything else.

 

[CJane]

Sponsor only has to support up to 150% of the poverty level, I suspect what OP's wife is making is enough to get him off the hook for the moment (though I don't know for sure). He will of course have to pay child support regardless of anything else.

If she's working full time (2080 hours annually) at 10.50/hour, she's making approximately 21,800/yr. Federal Poverty Level for a family of 2 is 15130/yr. 150% of that is 22,695/year. So, he wouldn't be paying her MUCH, but he would be paying her. If she's not working full time? He'll be paying her more.