any stepmoms? I-864 question

[moe_2006 0]

Are there any stepmoms out there? I wonder if anyone knows if the I-864 Affidavit of Support, that requires the USC sponsor to financially support the immigrant and children, has any effect on child support orders for bio children of a former marriage? Can the USC apply for consideration be taken into account when calculating child support seeing as he has to support the people he sponsored to immigrate as well as his kids from the former marriage?

Edited August 6, 2006 by moe_2006

[Kez/JWolf 6]

The I-864 is a contract between the sponsor and the US government.... if immigrant makes a claim to benefits that are not entitled to the the US government can reclain any money from the sponsor.....

It will have no effect on any child support paid by the bio father.....

Kezzie

[moe_2006 0]

Thanks for the reply. So the affidavit of support is only concerned with the benefits system then. What happens when the immigrant isn't yet working, and they don't have enough to support their family on,(family meaning immigrated wife and kids living with USC) due to a new child support order? Can they then claim benefits?

[Kez/JWolf 6]

The USC is responsible for his/her family.... that is why you have to prove you have enough income 125% above poverty line.... the immigrant can not claim benefits.... if the new child support order has been made against you, did you provide the court with full income information and who you were responcible for supporting??? if you did and a amount has been ordered then you have to pay....

but I am having to guess here because you have given so little information...

Maybe you should speak to a lawyer... where you can give the full information and get full advice....

Kezzie

[moe_2006 0]

The USC is responsible for his/her family.... that is why you have to prove you have enough income 125% above poverty line.... the immigrant can not claim benefits.... if the new child support order has been made against you, did you provide the court with full income information and who you were responcible for supporting??? if you did and a amount has been ordered then you have to pay....

but I am having to guess here because you have given so little information...

Maybe you should speak to a lawyer... where you can give the full information and get full advice....

Kezzie

No the court order hasn't been made yet, and my husband's kids lived with us until recently. They have gone to live with their bio mum recently due to me being ill and unable to look after them at the moment, my husband works long hours. My own two kids are older and they still live with us.

My husband and I are wondering if the court will take into account the cost of him supporting me and my two kids when they calculate child support to be paid to the bio mum. I hate that he has to support us completely, but I didn't know I would get sick when we immigrated here, I expected to be working and paying my way by now.

If they make him pay the standard amount as though he is single with no kids living with him it will cripple us, I would have to go back to the UK with my kids and leave him here, but as far as I can tell, the cost of supporting a second wife and stepkids (ie. my kids from my former marriage) are not recognised by the court deciding child support unless we can prove the my hubby is legal obliged to support us. That is why I am asking about the I-864, my husband is hoping that it might be possible to show he has to support me and the kids, he is going to look into seeing a lawyer, but he asked me to see if anyone on visa journey might have gone through anthing like this and have any knowledge.

[moe_2006 0]

The USC is responsible for his/her family.... that is why you have to prove you have enough income 125% above poverty line.... the immigrant can not claim benefits.... if the new child support order has been made against you, did you provide the court with full income information and who you were responcible for supporting??? if you did and a amount has been ordered then you have to pay....

but I am having to guess here because you have given so little information...

Maybe you should speak to a lawyer... where you can give the full information and get full advice....

Kezzie

No the court order hasn't been made yet, and my husband's kids lived with us until recently. They have gone to live with their bio mum recently due to me being ill and unable to look after them at the moment, my husband works long hours. My own two kids are older and they still live with us.

My husband and I are wondering if the court will take into account the cost of him supporting me and my two kids when they calculate child support to be paid to the bio mum. I hate that he has to support us completely, but I didn't know I would get sick when we immigrated here, I expected to be working and paying my way by now.

We want to support his kids, we love them and miss them very much, we just want to be able to afford to live as well! If they make him pay the standard amount as though he is single with no kids living with him it will cripple us, I would probably have to go back to the UK with my kids and leave him here, but as far as I can tell, the cost of supporting a second wife and stepkids (ie. my kids from my former marriage) are not recognised by the court deciding child support unless we can prove the my hubby is legal obliged to support us. That is why I am asking about the I-864, my husband is hoping that it might be possible to show he has to support me and the kids, he is going to look into seeing a lawyer, but he asked me to see if anyone on visa journey might have gone through anthing like this and have any knowledge.

I think the only way is to see a specialit lawyer, and I fully expect the answer to be no. It is just a long shot.

[Tim and Bethanie 1]

As far as I know most courts base child support on income, there is a standard percentage that is used. From what I can remember from my previous marriage and dealing with child support for my x husbands child, the first child/children born are the first considered then everything is based on that if there is more children he must support then the courts might not award the second person as much as the first. Your children being his step children, I can't see where that would come in to play, he had other children first.

http://www.alllaw.com/calculators/Childsupport/ try this so you can get an idea, and as you see they don't ask about your current situation. You may also try looking at the Cabinet for family and children they usually have a child support link, that might give you some information.

[Sharon 1]

Are there any stepmoms out there? I wonder if anyone knows if the I-864 Affidavit of Support, that requires the USC sponsor to financially support the immigrant and children, has any effect on child support orders for bio children of a former marriage? Can the USC apply for consideration be taken into account when calculating child support seeing as he has to support the people he sponsored to immigrate as well as his kids from the former marriage?

Yup, it generally goes by your hubby's income.

He will benefit tho, come tax time because he will then be able to claim you and your children as dependents and will be refunded for it (as per his income bracket of course). Have you applied for AOS (if you needed it) and do you have a SSN? you will need to have one come tax time and will have to apply for ITIN's for your kids too.

I know child support laws can vary across the states tho, I think. And of course he might just get a judge who sympathizes with Dad, but at the end of the day his children do come first and as you said yourself, they deserve to be supported too. I know that means your hubby suffers but that's often the case, not necessarily fair, but yes, often the case. I too, suggest seeing a lawyer, many will give a free consultation, you just have to call around.

Moe...not my business of course, but is your illness such that it may only be a temporary thing and that you can get to work as soon as you're better? If that's the case, just try tightening those purse strings a little and find ways to save that can help a lot! Is there a job you might be able to do from home maybe? (if you have EAD that is) EBAY comes to mind!

Good Luck kiddo, I am a step-Mom to 3 AND I have 3 of my own (the two oldest are older (23 and 18) and live in Canada with their Dad tho.

Good Luck, girl!

And I know you are a newbie but....

Edited August 7, 2006 by Sharon

[Yodrak 7]

moe,

No, the I-864 is not concerned only with the benefits system. The I-864 obligates a sponsor to provide a sponsored immigrant with support up to 125% of the poverty level, as well as to repay the government for any benefits that should not have been paid out.

The sponsored alien can, should it become necessary, sue the sponsor to obtain the minimum level of support just as the government can sue the sponsor to recover benefit payouts.

Yodrak

Thanks for the reply. So the affidavit of support is only concerned with the benefits system then. What happens when the immigrant isn't yet working, and they don't have enough to support their family on,(family meaning immigrated wife and kids living with USC) due to a new child support order? Can they then claim benefits?