LEGAL RESIDENT GOING THRU DIVORCE

[amuna0526 11]

Hi,

I want to ask: Can a woman file divorce based solely on support, that her husband doesnt support her, pay rent, etc. They are both permanent residents and they obtained it through Green Card Lottery. 1 out of the 5 children is a U.S. citizen. Her husband gets paid in cash. How can she go about getting child support?

thanks for your help

[YuAndDan 153]

Just like US citizens, you may want to consult a lawyer, and file for a divorce, child support tends to be negotiated as part of divorce settlement.

Divorce procedures vary from state to state.

If you have a 10 year green-card divorce will not effect your status as a resident of the USA.

Good luck

[Penguin_ie 5,997]

Divorce law depends on the state you live in, and has notnhing to do with immigration. Generally, in the USA, it is not soley up to the husband to financially support the family, the wife is supposed to help too.

[amuna0526 11]

well its the state of NJ

the wife doesnt work.

[JimVaPhuong 4,863]

well its the state of NJ

the wife doesnt work.

Her husband doesn't have any legal obligation to support his wife, but he does have a legal obligation to support his children.

New Jersey allows for "no fault" divorce, as well as seven grounds for a fault based divorce. Those grounds are extreme cruelty, adultery, desertion, addiction, institutionalization, imprisonment, and deviant sexual conduct. Refusal to provide support is not a specific ground for divorce, but it may qualify as either extreme cruelty or desertion, depending on the circumstances.

She needs to see a divorce lawyer. She's not going to get a nickel from him until she gets a judge to order it.

[James and Cynthia 70]

well its the state of NJ

the wife doesnt work.

I don't know about NJ, but here in Oregon, if your wife doesn't work and you get a divorce, you can plan on paying her way for half the length of the marriage. If she decides to go to school full time, and gets a good lawyer, you can plan on paying that too, both the school and the lawyer. Oh, and child support is added on top, calculated by the state with an online calculator. Unless agreed by both parties, child support is what the calculator says. If not paid, you can go to jail. Sounds like you need a lawyer like my ex had.

If he gets paid for work in cash, get a copy of his bank records showing the deposits. Then he can't hide it. What about taxes? The government may want to know about him getting paid in cash if he's not willing to help you.

I wish you luck. BTW, getting a divorce was the most stressfull thing I've ever done. You will have to keep strong and you'll need lots of support from family and friends. I don't regret a thing though. When it's not right, and you've tried everything you can, sometimes getting out is the only option.

-James