125% ,medcaid ,child support

[Gary and Alla 3,694]

another thing all should remember. US citizens CANNOT EVER be denied welfare or medicaid benefits because they sponsor an immigrant. NEVER. You do not give up rights to sponsor an immigrant and the government can never require you to do so. some may argue welfare is not a "right" but it is an entitlement and the government cannot deny it to any citizen. Period.

If you are a US citizen and have US citizen children, have sponsored an immigrant spouse and need healthcare for your children, then GO GET IT! It will have no impact on your spouse, NONE.

Some may say "why sponsor an immigrant if you need medicaid?" Fair question, but kind of silly and very short sighted. The kids are, again, US citizens and are as entitled to that as YOU or your kids. I do not like welfare but if I needed it for my kids I guarantee you I will be in that line to sign up TODAY. Within the hour! Medicaid is INSURANCE and you actually pay a premium based on your level of income. It is subsidized, yes, but it is not free. Child support COUNTS in the calculation of income for medicaid. It is NOT free and it is NOT income. It is coverage for medical costs if something happens to one of the children or the US citizen adult. The immigrants income (when he can and does work) is also counted toward medicaid even though he is not eligible to get it.

Her future husband will, in a few months, get a job and maybe that will get the family off medicaid. (good news for the rest of us citizens) I never begrudge someone doing what they need to for their children. I would.

[skiptex 225]

It counts as income.

yea, i get that gary.. its the system in place.. but I personally have a problem with "CHILD SUPPORT" being used for mommy/daddy person life.. if i was paying child support, and my ex was using my money for Immigration process for her soon to be new lover/husband.. i would be going back to court.. i hate to people putting their 'needs' over their children,.. it may not be happening here.. but you can't tell me it does not happen..

OP good luck with your situation.. never mind my rant

[Gary and Alla 3,694]

yea, i get that gary.. its the system in place.. but I personally have a problem with "CHILD SUPPORT" being used for mommy/daddy person life.. if i was paying child support, and my ex was using my money for Immigration process for her soon to be new lover/husband.. i would be going back to court.. i hate to people putting their 'needs' over their children,.. it may not be happening here.. but you can't tell me it does not happen..

OP good luck with your situation.. never mind my rant

I have always been one to see ALL income as for the children first. I will put my beliefs about caring for children against anyone's and never put my wants above their needs or even their wants. Child support is a minimal contribution from the absent parent. Minimal? Yes. I mean it is usually something like 20% of gross for one kid, 25% for two, etc. Seriously? Given that the house can cost 30% of income alone, not to mention clothes, food, etc. it is minimal.

The child support is simply money in the pot and all the expenses are out of the pot. I mean, what other income should not count? Maybe the mortgage company objects to her using "their" portion of her income for sponsoring? Or the credit card company? USCIS does not count expenses individually, they count only income and they count the whole family size. If they count the children, then they have to count the child support for those children.

IF, and only IF, she receives child support and does not do her part to provide for the children, then YES you would have a beef in court and could demand custody if she were not fit as a parent, then you get to keep your child support, AND the kids.

The absent parent in a divorce has nothing to say about who is living under her roof provided the kids are cared for.

[Robert&Karen 264]

If I was PAYING the child support and found out the funds were going to the support of your immigrant fiancee you can bet I'd be back in court asking for a reduction of the amount I have to pay. So ask yourself how good your relationship is with the other parent.

[az110965 252]

Simple answers.

ALL income is child support. I do not receive "child support" yet a huge percentage of my income goes to that purpose. Child expenses are part of the costs USCIS is allowing for in the required income, child support pays for a portion of those costs.

IT IS INCOME and is counted as income in the calculation.

There is no tax on it to the recipient because the payee paid tax on it. So if I am working and having taxes deducted from my pay, should I also pay income tax again when I buy shoes for the children with some of the money I alrady paid tax on? Seriously?

The intent of child support is to assume the family is still "whole" and that would just be the portion of the person income (already taxed) that would be used for child expenses.

The money has already BEEN taxed when the recipient gets it.

The point to my statement regarding counting child support as income was that the OBGLIGOR pays income taxes on the money, it is handed to the custodial parent tax-FREE and is counted as income by USCIS but NOT the IRS...

I have no issue paying child support. I have no issue with the fact that I pay my child support POST tax. I have no problem that my ex does not have to report this $15,000 per year as income or pay taxes on it. I have no problem with that she receives the tax deduction for my son. BUT - if she was going to use the money I send to pay for my son's care and support as income to show DOS then I would expect her to have to TRULY count it as income and therefore pay taxes on it.

I guess you and I respectfully disagree on this subject.

[aniketveronica 0]

thank you "garry and alla" you been really helping and supportive friends thank you for information u provided.

GOD bless you !

[aniketveronica 0]

and skiptex we do care about kids we are not taking anything away from them kids are first priority for us rather i want to take my share of supporting those kids 1ce i ll be there ( i love them and we are attached ) but here consulate is not considering that i ll also take job when i am in usa so we just have to show that she is making enough money also she is falling some 2k to 3k short ok 125% .so it is just to show child support is undoubtedly and surely going to be used for kids no other thoughts about that .

[Rebecca Jo 1,962]

The point to my statement regarding counting child support as income was that the OBGLIGOR pays income taxes on the money, it is handed to the custodial parent tax-FREE and is counted as income by USCIS but NOT the IRS...

I have no issue paying child support. I have no issue with the fact that I pay my child support POST tax. I have no problem that my ex does not have to report this $15,000 per year as income or pay taxes on it. I have no problem with that she receives the tax deduction for my son. BUT - if she was going to use the money I send to pay for my son's care and support as income to show DOS then I would expect her to have to TRULY count it as income and therefore pay taxes on it.

I guess you and I respectfully disagree on this subject.

What do you think about the fact that DOS/USCIS counts the children in the household?

[Rebecca Jo 1,962]

One caveat on child support. There have been cases where the child recieving the support was due to have the support ended soon. Such as they are 3 months from bing 18 and the support ends at age 18. In this case the consulate COULD decide not to count the child support. There is no specific cutoff age for this, don't look for one. It is all a consulate decision anyway. If the children are fairly young it would not be a problem.

The consulate or USCIS could.

But I've never seen them do it.

If I was PAYING the child support and found out the funds were going to the support of your immigrant fiancee you can bet I'd be back in court asking for a reduction of the amount I have to pay. So ask yourself how good your relationship is with the other parent.

That would probably not work out in your favor because your ex's family size just grew. So the calculations for support would backfire on you.

[Rebecca Jo 1,962]

yea, i get that gary.. its the system in place.. but I personally have a problem with "CHILD SUPPORT" being used for mommy/daddy person life.. if i was paying child support, and my ex was using my money for Immigration process for her soon to be new lover/husband.. i would be going back to court.. i hate to people putting their 'needs' over their children,.. it may not be happening here.. but you can't tell me it does not happen..

OP good luck with your situation.. never mind my rant

Well, what if the person who is paying child support decides to bring a foreign spouse to the US? Does that mean their ex-spouse in the US should be able to ask for an INCREASE in child support since the EX can afford a foreign spouse?

Really.

[skiptex 225]

Well, what if the person who is paying child support decides to bring a foreign spouse to the US? Does that mean their ex-spouse in the US should be able to ask for an INCREASE in child support since the EX can afford a foreign spouse?

Really.

Sure.. they could ask.. why not..

[Rebecca Jo 1,962]

Sure.. they could ask.. why not..

Hahahahaha okay well you got me! That's not the answer I was expecting that's for sure!

In my opinion, unless the government is going to let the custodial parent deduct the kiddos from the household size (thus lowering the criteria for qualifying to a family of TWO) then child support should count to offset the children. I don't understand why anyone would have a problem with that.

[G&T 12]

Child support is just some "extra money" that you are getting for the expenses of your child. Money that you don't have to take out from your pocket, but that comes IN.

What ever moneys that you are getting as "extra" on temporary/permanent bases, even if those are for an specific purpose,count as income as this are bringing more liquidity to you.

Keep in mind that child support is something that you have to report in your taxes as well as some of those monies that could be "extra". ( of course , I bet that some exceptions may apply, but not on this matter)

[JimVaPhuong 4,863]

If a sponsor receives means tested benefits, such as Medicaid for dependent children, then the CO is required to consider this in determining whether the beneficiary is likely to also become a public charge.

Foreign Affairs Manual, 9 FAM 40.41 N4.1 Consideration of Current or Prior Receipt of Public Assistance:

c. There is no provision in the law to indicate that the receipt of means-tested benefits by the sponsor would, in itself, result in a finding of inadmissibility for the applicant under INA 212(a)(4). The sponsor's reliance on such benefits, however, would clearly be an important factor in considering whether the applicant might have to become a public charge. If the sponsor or any member of his or her household has received public means-tested benefits within the past three years, you must review fully the sponsor's current ability to provide the requisite level of support, taking into consideration the kind of assistance provided and the dates received. You must review carefully Form I-864, Affidavit of Support under Section 213A of the Act, or Form I-134, Affidavit of Support, and all attachments submitted with Form I-134, as well as evidence of the sponsor's current financial circumstances, in such cases.

This section of the FAM would seem to indicate that a sponsor who is currently or has recently collected means tested benefits is less likely to have their affidavit of support considered sufficient to sponsor.

Tax-exempt income, such as child support, is still income. The sponsor must provide proof of the income.

Foreign Affairs Manual, 9 FAM 40.41 N5.5 Supporting Evidence Must Be Submitted with Form I-864, Affidavit of Support Under Section 213A of the Act:

b. Tax-free income (such as a housing allowance for clergy or military personnel) and other tangible benefits in lieu of salary are considered income. The sponsor bears the burden of proving the nature and amount of income.

I agree with Rebecca Jo. The children are considered in determining the household size. There's no reason they shouldn't consider income received for their support since it reduces the amount of the sponsor's other income that will be required to support them. The only exception would be if the income received for their support were, itself, a means tested benefit. Income from means tested benefits cannot be considered income for an affidavit of support.

http://www.state.gov/documents/organization/86988.pdf

[az110965 252]

Child support is just some "extra money" that you are getting for the expenses of your child. Money that you don't have to take out from your pocket, but that comes IN.

What ever moneys that you are getting as "extra" on temporary/permanent bases, even if those are for an specific purpose,count as income as this are bringing more liquidity to you.

Keep in mind that child support is something that you have to report in your taxes as well as some of those monies that could be "extra". ( of course , I bet that some exceptions may apply, but not on this matter)

Not true. Child support payments are not considered reportable income and are not subject to taxation.