Divorcing, wife and kids going overseas

[Ramsel99]

What is the name of your state?
New Jersey.
I've been 3 years already in USA with my family under a H1-B visa, all of us from Argentina. Now my wife wants to divorce and wants to go back to Argentina with our kids (2), and I am planing to become a resident of USA. I feel heart broken when I think not seeing my kids every day but agree with her leaving USA because it would be worst fight the custody and make her stay against her will. We are trying to do a no fault-uncontested divorce in NJ. However I still have many questions:

1.- What are my visitation rights?, can I bring them here during vacations?
2.- Does the currency exhange count in determining the alimony and child support? 1 dollar=3 pesos, she will be having a two times better standard of life than me here with that money in Argentina.
3.- Can I deduct the alimony from my income taxes being that she is not resident from USA?

If somebody has a similar situation, an answer would be greatly appreciated.

Thanks

 

[rmet4nzkx]

What is the name of your state?
New Jersey.
I've been 3 years already in USA with my family under a H1-B visa, all of us from Argentina. Now my wife wants to divorce and wants to go back to Argentina with our kids (2), and I am planing to become a resident of USA. I feel heart broken when I think not seeing my kids every day but agree with her leaving USA because it would be worst fight the custody and make her stay against her will. We are trying to do a no fault-uncontested divorce in NJ. However I still have many questions:

1.- What are my visitation rights?, can I bring them here during vacations?
2.- Does the currency exhange count in determining the alimony and child support? 1 dollar=3 pesos, she will be having a two times better standard of life than me here with that money in Argentina.
3.- Can I deduct the alimony from my income taxes being that she is not resident from USA?

If somebody has a similar situation, an answer would be greatly appreciated.

Thanks

1. We cannot tell you ahead of time what your visitation rights will be, that may be something worked out in meadiation or ordered by the court, including any international visitation arrnagements.
2. If you divorce in NJ that will set rates of child support and any alamony, you may want to look for a NJ child support calculator to get an idea. You don't say how long you have been married or the type of work you do which may effect the possibility of becomming a resident. While you may want to do this as simply as possible, you really need an attorney. It may not be possible for you to afford for you to stay here if you get divorced here in the USA whereas if your wife returns to Argentina for the divorce you may pay less in the long run. 1986 Divorce became legalized in Argentina.

I strongly suggest you consult attorneys in both NJ and Argentina before filing for divorce.

 

[LdiJ]

What is the name of your state?
New Jersey.
I've been 3 years already in USA with my family under a H1-B visa, all of us from Argentina. Now my wife wants to divorce and wants to go back to Argentina with our kids (2), and I am planing to become a resident of USA. I feel heart broken when I think not seeing my kids every day but agree with her leaving USA because it would be worst fight the custody and make her stay against her will. We are trying to do a no fault-uncontested divorce in NJ. However I still have many questions:

1.- What are my visitation rights?, can I bring them here during vacations?
2.- Does the currency exhange count in determining the alimony and child support? 1 dollar=3 pesos, she will be having a two times better standard of life than me here with that money in Argentina.
3.- Can I deduct the alimony from my income taxes being that she is not resident from USA?

If somebody has a similar situation, an answer would be greatly appreciated.

Thanks

The answers to most of your questions will really depend on which country handles the divorce. If the two of you come to agreements on visitation and child support it will go much more smoothly for you.

US law applies for US income tax purposes. Alimony is deductible for income tax purposes. Child support is not deductible.