CR-1 and Divorce

[chrism07023 4]

Hi forum readers. Quick questions regarding divorcing a permanent resident (unconditional green card holder):

-In many states, like mine (NJ), there are federal and state guidelines stating the maximum wage garnishment allowed, say, 50%. Signing the i864 means the US citizen sponsor is responsible for supporting his wife should they divorce or separate. Are those funds subject to the aforementioned federal and state wage garnishment laws? For example, if the sponsor was already being garnished, say, 45% of his paycheck from a previous marriage (child support), and following the i864 poverty table would effectively mean garnishment levels of 75% or more, is that legal?

-If the US permanent resident leaves the country after separation, does support stop or continue, or does it perhaps depend on how long their outside of the country;. Related to this is the 6 month maximum rule for leaving the US for non citizens.

-If the US resident insisted on taking any children with him/her outside the country over the objections of the sponsor/parent what could be done?

-If the US resident has an arrest record (e.g. domestic violence), does that have any bearing on deciding who gets the children? Could it be helpful in an attempt to show a lack of good character and fraudulent intent?

-Is medical insurance the responsibility of the sponsor and if so, is that deducted from the amount paid or added to it?

I thank you for your time and for any assistance in answering the above.

[Tim/Mav 305]

Your question needs an Attorney and a Judgement of Enforcement/ I feel your question is "One sided" but the decision is Permanant and needs legal proceedures. Your question is not for Amatures.

[NigeriaorBust 4,087]

If there are multiple judgements they will withhold to the statutory max, pay out according to law ( either split or in order of issue ) and then continue the withholding until all are paid including interest

[Ryan H 3,812]

Moved from IR-1/CR-1 Process & Procedures to Effects of Major Family Changes on Immigration Benefits forum.

[belinda63 3,038]

1. The amount (percent) of your pay that can be garnished is limited by the total percent. Part would go to each debt, except that federal debts take priority over everything and child support is next. (not totally sure of the priorities). So if the limit is 55% that is all of your check that could be taken. Keep in mind they can take tax refunds also. The I-864 is a contract between the sponsor and the government. Rarely it has been enforced as spousal support but this has to be done through federal court.

2. Depend on what the court order says.

3. This could be construed as kidnapping depending on what the court order says,

4. Yes

5. Depends on the court order.

[aaron2020 11,651]

Hi forum readers. Quick questions regarding divorcing a permanent resident (unconditional green card holder):

-In many states, like mine (NJ), there are federal and state guidelines stating the maximum wage garnishment allowed, say, 50%. Signing the i864 means the US citizen sponsor is responsible for supporting his wife should they divorce or separate. Are those funds subject to the aforementioned federal and state wage garnishment laws? For example, if the sponsor was already being garnished, say, 45% of his paycheck from a previous marriage (child support), and following the i864 poverty table would effectively mean garnishment levels of 75% or more, is that legal?

-If the US permanent resident leaves the country after separation, does support stop or continue, or does it perhaps depend on how long their outside of the country;. Related to this is the 6 month maximum rule for leaving the US for non citizens.

-If the US resident insisted on taking any children with him/her outside the country over the objections of the sponsor/parent what could be done?

-If the US resident has an arrest record (e.g. domestic violence), does that have any bearing on deciding who gets the children? Could it be helpful in an attempt to show a lack of good character and fraudulent intent?

-Is medical insurance the responsibility of the sponsor and if so, is that deducted from the amount paid or added to it?

I thank you for your time and for any assistance in answering the above.

Garnishment will be limited by Federal and NJ laws. You will not be garnished at 75%. You will still owe money to your spouse if your garnishment does not fully cover what she is entitled to under the divorce settlement.

If she leaves the US for more than 6 months, her ability to collect alimony (spousal support) will depend on NJ laws. The I-864 obligation will continue unless she losses her green card status as determined by the US government. The "6 months rule" for an LPR has nothing to do with the I-864 obligation or alimony.

If she takes your children out of the US without your permission, then it's international parental kidnapping if you have joint custody. You can call the authority on her.

Who gets the children is a family court matter. It has nothing to do with immigration. Her arrest record may or may not be relevant towards the issue of custody.

You are not responsible for her medical insurance. Whether it's a part of the divorce settlement is up to you guys or the courts. This also has nothing to do with immigration. This should be handled in family court.