Support questions- he does not file taxes

[mamaskizzy 0]

Hello again,

So, If I get divorced, and my affidavit of support does not end, I have a few questions.

1.) So I am required to maintain him at 125% of the poverty guidelines. He works a cash-paid job ("under the table"), and so does not file taxes on this income. How would I prove that his work ensures that he stays above this level so that I would never be sued for payment? What can I do to cover myself, because, really, even though the city he lives in does not enforce taxes on his job, that does not release him from the obligation of paying taxes.

2.) If, by some miracle, he starts paying taxes, is there a way that I can access his income information to ensure that I meet my obligations to ensure he is above 125%?

3.) Because he is living apart from me, does that mean that I have to meet the obligations of a 1 person household when determining the 125%, Or do I have to meet the 4 person household (counting myself and my 2 kids with him)?

Thanks!

[Y's_habibitk 2]

Its my understanding that you only have to pay back any government assistant he obtains. If he does not apply for welfare ect, then its not like you have to go out and rent him an apartment and buy him groceries.

check the AOS and see the verbage.

Lisa

[*JG* 2]

That is my understanding as well.

IF you have to prove he is making cash under the table and it comes out he has been doing that for some time, you COULD have some IRS issues. I think I would avoid that at all costs, if I could.

[bhajishah 4]

If he files welfare while working under the table, and somehow they catch him...they will ban him from getting public assistance and then you will be free from this dishonest cheater and liar. hmmphh

[YuAndDan 153]

NO, Your lawyer needs to be aware of the I-864 as well as it being a contract between you and the US Government to protect the US Government against means-tested support, not spousal support.

Point out the following:

Civil Action to Enforce.

If the immigrant on whose behalf this affidavit of support is executed receives any Federal, State, or local means-tested public benefit before this obligation terminates

I believe in the cases where a divorce court based support due to the I-864 the attorney was not prepared to argue the case and their client paid the price.

[lucyrich 20]

Some of the understandings are wrong here.

http://www.ilw.com/articles/2006,0608-mehta.shtm

http://www.ilw.com/articles/2006,0110-wheeler.shtm

The affidavit of support creates a legally binding contract not only between the petitioner and the government, but also between the petitioner and the beneficiary.

It's possible for your ex-spouse to sue you directly for support under the terms of the affidavit of support, regardless of what any divorce decree may say, and regardless of whether your ex-spouse applies for any sort of government benefits. This has been upheld by the courts. It doesn't happen often, but it has happened.

All I can suggest is that, if you do divorce, be sure your divorce attorney is aware of this matter. I'd print out both of those articles and give them to your attorney. Also, give him a copy of the I-864 which you signed.

It's probably not up to you to determine your ex-spouse's income and to volunteer a check for the amount that his income falls short of the poverty guidelines. If he's threatening to try to enforce the affidavit of support, you should discuss what you know about his income with your attorney.