a questions about child support payments and the I-134

[Susan and Robin 0]

1.Can Child Support count for your yearly income for the I-134.

2. Do you add it w/your job's income and put the total on that line of the I-134?

[rebeccajo 14]

You can count it.

I "added" it to my income as a separate entry apart from my wages with a notation beside it.

Make sure you have documentation you receive it regularly.

[justashooter 430]

maybe child support should be used to support children, rather than some guy from some other country?

i've been on both sides of that coin, as a custodial father of 3 small children for 7 years, and paying child support in the 4 years since (till this june it's done). i know what it's like to live tight, and i know what it's like to live flush. in either case, i used the child support i got for 3 kids ($300/month, when i got it) to buy extras for the kids while they were with me, making the basic costs for our lives on my own. i have continued to buy the kids clothes and things they needed while they are/were with their mother, as she is spending the support ($800/month for 2 kids, never fail) on her new car.

if things are so tight for you now that you have to count support in order to make the poverty level X 125% to bring this guy over, imagine what things will be like when he needs travel expenses, medical expenses, AOS costs, a car to drive, money to send to his family, and everything else it will take to get him to the point where he can even support himself, much less with your family in tow.

[pushbrk 12,883]

maybe child support should be used to support children, rather than some guy from some other country?

i've been on both sides of that coin, as a custodial father of 3 small children for 7 years, and paying child support in the 4 years since (till this june it's done). i know what it's like to live tight, and i know what it's like to live flush. in either case, i used the child support i got for 3 kids ($300/month, when i got it) to buy extras for the kids while they were with me, making the basic costs for our lives on my own. i have continued to buy the kids clothes and things they needed while they are/were with their mother, as she is spending the support ($800/month for 2 kids, never fail) on her new car.

if things are so tight for you now that you have to count support in order to make the poverty level X 125% to bring this guy over, imagine what things will be like when he needs travel expenses, medical expenses, AOS costs, a car to drive, money to send to his family, and everything else it will take to get him to the point where he can even support himself, much less with your family in tow.

Since the OP asked an immigration question not a lifestyle or relationship question, I prefer to stick to the immigration aspects. Court ordered child support can be counted as income for the purposes of an affidavit of support. You'll need to show evidence not only that it is received regularly but that it is court ordered. If your divorce decree already supplied with the petition indicates the amount of support, that's probably sufficient for the court ordered part.

As a practical matter, since "child support" is for supporting the children in the household, a CO may want to see that earned income at least meets the minimum for the household of two.

[rebeccajo 14]

maybe child support should be used to support children, rather than some guy from some other country?

i've been on both sides of that coin, as a custodial father of 3 small children for 7 years, and paying child support in the 4 years since (till this june it's done). i know what it's like to live tight, and i know what it's like to live flush. in either case, i used the child support i got for 3 kids ($300/month, when i got it) to buy extras for the kids while they were with me, making the basic costs for our lives on my own. i have continued to buy the kids clothes and things they needed while they are/were with their mother, as she is spending the support ($800/month for 2 kids, never fail) on her new car.

if things are so tight for you now that you have to count support in order to make the poverty level X 125% to bring this guy over, imagine what things will be like when he needs travel expenses, medical expenses, AOS costs, a car to drive, money to send to his family, and everything else it will take to get him to the point where he can even support himself, much less with your family in tow.

Since the OP asked an immigration question not a lifestyle or relationship question, I prefer to stick to the immigration aspects. Court ordered child support can be counted as income for the purposes of an affidavit of support. You'll need to show evidence not only that it is received regularly but that it is court ordered. If your divorce decree already supplied with the petition indicates the amount of support, that's probably sufficient for the court ordered part.

As a practical matter, since "child support" is for supporting the children in the household, a CO may want to see that earned income at least meets the minimum for the household of two.

I don't think that's anywhere in the FAM, push.

And justashooter - custodial parents don't get to leave children 'out' of the number of people in household size. You know?

[pushbrk 12,883]

maybe child support should be used to support children, rather than some guy from some other country?

i've been on both sides of that coin, as a custodial father of 3 small children for 7 years, and paying child support in the 4 years since (till this june it's done). i know what it's like to live tight, and i know what it's like to live flush. in either case, i used the child support i got for 3 kids ($300/month, when i got it) to buy extras for the kids while they were with me, making the basic costs for our lives on my own. i have continued to buy the kids clothes and things they needed while they are/were with their mother, as she is spending the support ($800/month for 2 kids, never fail) on her new car.

if things are so tight for you now that you have to count support in order to make the poverty level X 125% to bring this guy over, imagine what things will be like when he needs travel expenses, medical expenses, AOS costs, a car to drive, money to send to his family, and everything else it will take to get him to the point where he can even support himself, much less with your family in tow.

Since the OP asked an immigration question not a lifestyle or relationship question, I prefer to stick to the immigration aspects. Court ordered child support can be counted as income for the purposes of an affidavit of support. You'll need to show evidence not only that it is received regularly but that it is court ordered. If your divorce decree already supplied with the petition indicates the amount of support, that's probably sufficient for the court ordered part.

As a practical matter, since "child support" is for supporting the children in the household, a CO may want to see that earned income at least meets the minimum for the household of two.

I don't think that's anywhere in the FAM, push.

And justashooter - custodial parents don't get to leave children 'out' of the number of people in household size. You know?

K visa evaluations of the public charge issue are judgment calls. I said "may want to see" and they "may". Not all Consular officer actions or decisions are dictated by the FAM. We see people get asked for co-sponsors quite commonly even if their I-134 stated income technically meets the minimums.

[♥Stiggy♥ 0]

I got a quesiton about this Child Support Stuff. Im the non USC (Canadian). My exhusband owes quite a bit a month in child support to me (since its Canadian its non taxed income to me).

Can my USC husband claim that amount that we get for my children here in Canada (we havent filed for CR1 yet as we havent got married just yet) when we do get married can he use that Child Support I receive as moneys received?

[pushbrk 12,883]

I got a quesiton about this Child Support Stuff. Im the non USC (Canadian). My exhusband owes quite a bit a month in child support to me (since its Canadian its non taxed income to me).

Can my USC husband claim that amount that we get for my children here in Canada (we havent filed for CR1 yet as we havent got married just yet) when we do get married can he use that Child Support I receive as moneys received?

The immigrant's income can be counted if it will continue from the same source after immigrating. Using Child support from a Canadian former spouse could theoretically be used if it could be adequately documented to continue.

On the previous subject, here's one example of how a diligent CO might see a hypothetical support situation.

Petitioner sponsor has two children (for simplicity, twins) age 17 years 10 months with a court ordered child support of $1500 a month and an income of $1200 a month from a part-time job. She declares an annual income of $32,400 which is more than adequate to meet the household of four standards. However, when considering the totality of the circumstances, the CO sees that a year from now, her income will reduce to $14,400, significantly below even the standard for a household of two. What then might the CO's prudent evaluation of the public charge concern be, considering the totality of circumstances? How might it differ if the twins were age 6? How might it differ if the total income was the same but the child support was $12,000 and the income $20,000 a year?

Would the answers be the same in Nepal, London and Nigeria?

Edited March 19, 2009 by pushbrk

[♥Stiggy♥ 0]

Thanks a bunch! My kids are 3 and 5, Id be getting it for a while, lol.

And that is why I was asking too, the amount of CS I get, is almost the poverty guideline alone.

[rebeccajo 14]

maybe child support should be used to support children, rather than some guy from some other country?

i've been on both sides of that coin, as a custodial father of 3 small children for 7 years, and paying child support in the 4 years since (till this june it's done). i know what it's like to live tight, and i know what it's like to live flush. in either case, i used the child support i got for 3 kids ($300/month, when i got it) to buy extras for the kids while they were with me, making the basic costs for our lives on my own. i have continued to buy the kids clothes and things they needed while they are/were with their mother, as she is spending the support ($800/month for 2 kids, never fail) on her new car.

if things are so tight for you now that you have to count support in order to make the poverty level X 125% to bring this guy over, imagine what things will be like when he needs travel expenses, medical expenses, AOS costs, a car to drive, money to send to his family, and everything else it will take to get him to the point where he can even support himself, much less with your family in tow.

Since the OP asked an immigration question not a lifestyle or relationship question, I prefer to stick to the immigration aspects. Court ordered child support can be counted as income for the purposes of an affidavit of support. You'll need to show evidence not only that it is received regularly but that it is court ordered. If your divorce decree already supplied with the petition indicates the amount of support, that's probably sufficient for the court ordered part.

As a practical matter, since "child support" is for supporting the children in the household, a CO may want to see that earned income at least meets the minimum for the household of two.

I don't think that's anywhere in the FAM, push.

And justashooter - custodial parents don't get to leave children 'out' of the number of people in household size. You know?

K visa evaluations of the public charge issue are judgment calls. I said "may want to see" and they "may". Not all Consular officer actions or decisions are dictated by the FAM. We see people get asked for co-sponsors quite commonly even if their I-134 stated income technically meets the minimums.

I don't believe you could say "quite commonly".

Income is income. If it can be documented it can be used. Not all income has to come from a J-O-B job (are you reading M?)

[pushbrk 12,883]

maybe child support should be used to support children, rather than some guy from some other country?

i've been on both sides of that coin, as a custodial father of 3 small children for 7 years, and paying child support in the 4 years since (till this june it's done). i know what it's like to live tight, and i know what it's like to live flush. in either case, i used the child support i got for 3 kids ($300/month, when i got it) to buy extras for the kids while they were with me, making the basic costs for our lives on my own. i have continued to buy the kids clothes and things they needed while they are/were with their mother, as she is spending the support ($800/month for 2 kids, never fail) on her new car.

if things are so tight for you now that you have to count support in order to make the poverty level X 125% to bring this guy over, imagine what things will be like when he needs travel expenses, medical expenses, AOS costs, a car to drive, money to send to his family, and everything else it will take to get him to the point where he can even support himself, much less with your family in tow.

Since the OP asked an immigration question not a lifestyle or relationship question, I prefer to stick to the immigration aspects. Court ordered child support can be counted as income for the purposes of an affidavit of support. You'll need to show evidence not only that it is received regularly but that it is court ordered. If your divorce decree already supplied with the petition indicates the amount of support, that's probably sufficient for the court ordered part.

As a practical matter, since "child support" is for supporting the children in the household, a CO may want to see that earned income at least meets the minimum for the household of two.

I don't think that's anywhere in the FAM, push.

And justashooter - custodial parents don't get to leave children 'out' of the number of people in household size. You know?

K visa evaluations of the public charge issue are judgment calls. I said "may want to see" and they "may". Not all Consular officer actions or decisions are dictated by the FAM. We see people get asked for co-sponsors quite commonly even if their I-134 stated income technically meets the minimums.

I don't believe you could say "quite commonly".

Income is income. If it can be documented it can be used. Not all income has to come from a J-O-B job (are you reading M?)

Yet indeed, I DID say "quite commonly". What is income and what the petitioner "can count" isn't really the issue. The real issue is what a given CO considering totality of circumstances will think about what the petitioner "counted". That's their job. A recent Bangkok denial that was overturned with (among other things) updated financials would be just such an example of a CO considering totality of circumstances, even though the minimums were technically met. I see such examples "quite commonly". Perhaps we aren't "seeing" all the same information.

[William33 110]

Once again, adding useful information for the OP is what VJ is all about.

Take the personal debates, that (always) derail threads, offline.

[rebeccajo 14]

Once again, adding useful information for the OP is what VJ is all about.

Take the personal debates, that (always) derail threads, offline.

William -

If you are going to delete TWO rather innocuous posts of mine, how about deleting the made-up generalities of others?

I'm not going to stand idly by and allow a member, no matter how much clout they think they have, to allow readers to believe that CO's apply some mythical standard of earned income to the financials.

Income is income. If it can be proven it can be used. A sponsor's entire income could consist of child support, and if it's verifiable and steady, an affidavit can be approved. It is bogus to wave around the words 'totality of circumstance' to lend stigma to a category of income. That is WRONG.

[himher 634]

Wow. Using child support to sponsor some guy from another country <shakes head>

Speaking from personal, and common experience with the I134/I864 and what they asked for and looked at (we got interviewed at both stages). There is no line on the I134 or I864 for "child support" as either income or a liability.

Income by the embassy definition /CIS definition in our case was pay stubs, W-2's, employment letters, bank statements, and tax returns. The household size of the supporting parent (me) included the children I support. Since they don't SUBTRACT child support from income for the supporting parent, does it make sense that they would ADD it for the receiving parent? Please try not to consider what they should or shouldnt do, but I am not aware of any cases where child support was taken into account either way. Income (at least at our interviews) was income that was on MY tax return. Not income that was on someone else's tax return showing that said someone else could support their own children and show that they can be responsible for doing so.

1.Can Child Support count for your yearly income for the I-134.

2. Do you add it w/your job's income and put the total on that line of the I-134?

[pushbrk 12,883]

Once again, adding useful information for the OP is what VJ is all about.

Take the personal debates, that (always) derail threads, offline.

William -

If you are going to delete TWO rather innocuous posts of mine, how about deleting the made-up generalities of others?

I'm not going to stand idly by and allow a member, no matter how much clout they think they have, to allow readers to believe that CO's apply some mythical standard of earned income to the financials.

Income is income. If it can be proven it can be used. A sponsor's entire income could consist of child support, and if it's verifiable and steady, an affidavit can be approved. It is bogus to wave around the words 'totality of circumstance' to lend stigma to a category of income. That is WRONG.

Nobody said an affidavit cannot be approved using child support. I said the CO "can" consider the totality of the circumstances, including when the child support would end and that simply meeting the poverty level minimums.

I'm not arguing that a person cannot be approved using 100% child support as their only income. I'm saying that there's no assurance they will be. The CO CAN consider anything they think is relevent including the age of the children, as it impacts how long the child support "income" will last.

Both your "can" and my "can" are true. What "will" happen is not a sure thing either way. I suspect the vast majority of our readers comprehend the difference between "can" and "will" and that with any "can" comes a "might not". For some reason I don't understand, we seem to argue a lot about issues when one is saying "maybe" and the other "maybe not". The existence of one, gaurantees the other is also present.