Child Support - Effect on I-134 & Poverty Guidelines

[3AD 0]

I have a child from a previous marriage who does not live with me (mother has full custody) for whom I pay child support.

My questions:

1. I know I must list on I-134 as dependent, but how do I know if that's "partially" or "wholly," especially in light of the fact that I do not have custody or visitation?

2. How is that considered in light of Federal Poverty Guidelines for "Persons in Family or Household"?

Thanks,

3AD

[aussiewench 9]

When using the poverty guidelines with including dependants.....there is no differentiation with a child one has custody or not. The child would be included fully when calculating the household size income required. You must remember though that the I-134 whilst being used for K visas by Embassies ....it is not a requirement. It is only part of it. One must be able to show that the intending immigrant (K-1's are also looked on as immigrants) will not become a public charge.

Not sure that I've been of any great help with this one but least it gets booted back to the top of the thread so hopefully someone can help you further.

Edited February 23, 2006 by aussiewench

[3AD 0]

When using the poverty guidelines with including dependants.....there is no differentiation with a child one has custody or not. The child would be included fully when calculating the household size income required.

Thanks Aussiewench. Makes sense.

I'm still confused about "partially" or "wholly" dependent. Hope someone can shed some light.

Take care,

3AD

[zyggy 9]

When using the poverty guidelines with including dependants.....there is no differentiation with a child one has custody or not. The child would be included fully when calculating the household size income required.

Thanks Aussiewench. Makes sense.

I'm still confused about "partially" or "wholly" dependent. Hope someone can shed some light.

Take care,

3AD

Do you claim the child on your tax returns... If so, then the answer is yes, they are your dependent.. if no, then the answer is no, they are not.

[Yodrak 7]

3AD,

1. My take on this, by way of example

- if the child lives with you and does not receive any support from the other parent, then they are wholely dependent on you

- if the child lives with you and does receive some form of support from the other parent, then they are partially dependent on you and partially dependent on on the other parent. And vice versa.

2. Good question. I haven't seen any guidance on this. Note that the I-134 makes no mention of a household size and nowhere does it total up the number of people you have listed. What kind of mental calculation is done by the person who is assessing a potential sponsor's financial situation would be interesting to know. A conservative approach for you to take would be to assume that a partial dependent is nevertheless a full person.

Yodrak

I have a child from a previous marriage who does not live with me (mother has full custody) for whom I pay child support.

My questions:

1. I know I must list on I-134 as dependent, but how do I know if that's "partially" or "wholly," especially in light of the fact that I do not have custody or visitation?

2. How is that considered in light of Federal Poverty Guidelines for "Persons in Family or Household"?

Thanks,

3AD

[john_and_marlene 162]

3AD,

1. My take on this, by way of example

- if the child lives with you and does not receive any support from the other parent, then they are wholely dependent on you

- if the child lives with you and does receive some form of support from the other parent, then they are partially dependent on you and partially dependent on on the other parent. And vice versa.

2. Good question. I haven't seen any guidance on this. Note that the I-134 makes no mention of a household size and nowhere does it total up the number of people you have listed. What kind of mental calculation is done by the person who is assessing a potential sponsor's financial situation would be interesting to know. A conservative approach for you to take would be to assume that a partial dependent is nevertheless a full person.

Yodrak

I have a child from a previous marriage who does not live with me (mother has full custody) for whom I pay child support.

My questions:

1. I know I must list on I-134 as dependent, but how do I know if that's "partially" or "wholly," especially in light of the fact that I do not have custody or visitation?

2. How is that considered in light of Federal Poverty Guidelines for "Persons in Family or Household"?

Thanks,

3AD

In Oklahoma, they actually determine a total required for child support based on both incomes and then assign a percentage of that amount to each. I pay child support at 81% for 2 children. If you are close on the guidelines, perhaps you would want to select partial. I am substantially over the poverty guidelines many times over, so I just selected that I wholly support them to remove any hedging or questions.

I totally disagree with the notion that the determination is made by whether you claim them on your taxes. They are trying to guage the level of your financial commitments. The majority of non-custodial, support paying parents do not get to claim the children on their taxes, but nonetheless do provide support.

The question will come up again when you fill out the I-864 and there you will have to list the number of people for whom you do provide support that are not living with you. I think these 2 forms should agree.

Edited February 23, 2006 by john_and_marlene

[dxt7339 1]

You are making too much out of this question. The intent of the I-134 is to determine if you are financially able to support your potential spouse and any new dependents. If you do not have custody and the do not live with you then the child is partially dependent on you for support. If the child lives with you and you do not receive any money from you Ex the the child is "wholly" dependent on you. It does not matter if you claim the child on your tax return or not. that is something negotiated in the divorce settlement. The thing that matters is are you paying money for support.

If you are required to pay money for support, of course, this factors into the determination of meeting the poverty guidelines. And, if you are receiving money for child support through a court order, you would get to consider this as income, and it would help you in meeting the guidelines.