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Says He Can't Work Because He's Illegal

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What is the name of your state? California
This is actually regarding my co-worker (I'm happily divorced many years ago)... Her soon to be ex husband was primary caretaker for the kids and she worked outside the home. He was also employed at home doing some sort of work for an insurance company as an independent contractor. The day she told him she wanted the divorce, he voluntarily became unemployed and hasn't earned any money for two years (well, that's his story anyway). He claims he can't work due to hypertension and hight cholesterol. My co-worker's attorney has gotten an order from the judge so the husband has to get an assessment as to his employment capabilities. Now, his lawyer writes to her lawyer that he is unable to work because he's an illegal immigrant!

That's just crazy talk, right?

I'm curious because I can't imagine an attorney having the gall to try a tactic like that.
 


Ohiogal

Queen Bee
Holly Golightly said:
What is the name of your state? California
This is actually regarding my co-worker (I'm happily divorced many years ago)... Her soon to be ex husband was primary caretaker for the kids and she worked outside the home. He was also employed at home doing some sort of work for an insurance company as an independent contractor. The day she told him she wanted the divorce, he voluntarily became unemployed and hasn't earned any money for two years (well, that's his story anyway). He claims he can't work due to hypertension and hight cholesterol. My co-worker's attorney has gotten an order from the judge so the husband has to get an assessment as to his employment capabilities. Now, his lawyer writes to her lawyer that he is unable to work because he's an illegal immigrant!

That's just crazy talk, right?

I'm curious because I can't imagine an attorney having the gall to try a tactic like that.
Is the husband an immigrant? Why kind of visa did he have? Where is he from? What are his skills? No one here knows if that is "crazy talk". There is not nearly enough information provided.
 

nextwife

Senior Member
My husband was foriegn born, but when we travelled internationally, he used his US passport. I've also seen his naturalization papers. If he is foriegn born, has she ever seen anything (green card, natutalization) that would give him the right to work in the US?

She should expect that he will likely end up as the CP, i\if he has been the primary caregiver, with she paying CS. And possibly alimony, depending on length of marriage.
 
Actually neither one is legal. Our company is sponsoring her so she can work while she's getting her citizenship. He's got nothing legally to go on.

She's prepared to pay the child support and alimony.

What puzzles me is, if he's got no wife, no job, no legal paper work - how can he request to be the primary custodian of the kids? Isn't he in jeopardy of being deported if INS finds him?

(If I were her, I'd be on the phone to INS right now... But that's just me.)
 

nextwife

Senior Member
Holly Golightly said:
Actually neither one is legal. Our company is sponsoring her so she can work while she's getting her citizenship. He's got nothing legally to go on.

She's prepared to pay the child support and alimony.

What puzzles me is, if he's got no wife, no job, no legal paper work - how can he request to be the primary custodian of the kids? Isn't he in jeopardy of being deported if INS finds him?

(If I were her, I'd be on the phone to INS right now... But that's just me.)
Zillions of illegal CP MOMs have custody, being illegal didn't keep the courts from awarding THEM custody.
 
nextwife said:
Zillions of illegal CP MOMs have custody, being illegal didn't keep the courts from awarding THEM custody.
You're right. What was I thinking? LOL!

Anyway, I guess I'll just stay tuned and watch the adventures as they unfold.

Thanks guys/gals. Always a pleasure to come to this site.
 

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