DIVORCE PLUS FALLING BEHIND ON CHILD SUPPORT

[randomstairs 303]

Worst case scenario would be you ending up in a debtor's prison situation. Depending on a state, you can end up losing your DL or other state benefits (and that's if you're lucky).

There are cases of men ending up in prison for "neglecting" to pay child support. Upon being released they go right back to doing the hard time since the debt only accumulates while you're in prison.

Again, depending on the state of your child's residence, not paying child support is likely way more serious than any immigration issues you may face.

[hateadminforms 19]

Yes that is correct, Last year i earned $33,225 However as of july this year that company liquidated and had to close its doors, i found a new job and started within 3 weeks luckly however i am now earning a little bit over $28,000, The child support just got court ordered last month and they say it has to be based upon last years earnings. So i am still above NJ's poverty level but i am being hit with $512 per month in child support, plus $660 a month for medical insurance for me and my son, and after the first $250 each year i am responsible for 60% of any bills that the insurance wont cover.

I do not have any more money to give to the USCIS as i am literally robbing peter to pay paul right now, The onyl proofs i have are joint cell phone, bank, car insurance and a life insurance policy, all have since been terminated since 2014, early 2015

First thinking:

Look at your current status and look forward 10 years - do you want to be in the country you are now? It costs to leave or stay, do you get better income and money back home? Can you still pay USD$600 a month from another country?

You met on the Internet and were a casualty - like many others so no stress, it happens and USCIS and others know.

BUT she is earning cash "black and under table" - did she report this to the courts? IRS would be interested as other family income is not being disclosed.

Second thought:

Call family back home, lay situation on line, ask for a loan (cheaper than any credit card) and fight through next 6 months. Ditch every life cost you can BUT keep records because after you file the tax return for this year you can ask for a reduction (seek free legal advice offers - they do exist).

The importance of family is dismay relationship ended, BUT a trusted member will tell you the truth and advise how to act.

Money issues will make your head spin and if her family can support you if you pay late, but catch up later then you keep your channels of communication open.

Worst case scenario would be you ending up in a debtor's prison situation. Depending on a state, you can end up losing your DL or other state benefits (and that's if you're lucky).

There are cases of men ending up in prison for "neglecting" to pay child support. Upon being released they go right back to doing the hard time since the debt only accumulates while you're in prison.

Again, depending on the state of your child's residence, not paying child support is likely way more serious than any immigration issues you may face.

America = Africa in 1850 at times .... Debtor prison ,,, so it explains why everyone wants to be bankrupt in New York etc.

[Gizzy666 1]

Gizzy-

You are in the lovely state of NEW JERSEY... I think a lot of the posters on here arent realizing the implications of that. Being a former resident I can tell you NJ operates on a completely different set of rules then the rest of the country. It has several lovely nicknames including the armpit of the US lol.

So you want some insight? Im going to give it to you- free of charge.

In NJ child support is calculated based on both parents earnings. They also have a clause about being unemployed or underemployed. Basically this means you cant pull the whole screw your babies momma by quitting your decent office job and taking on a part time job at McDonalds and living off your new girlfriend or parents or working under the table- and cry to the court, well I use to earn 50k but now Im at Micky Ds and I only earn 15k- so baby momma only gets 200 bucks a month cause thats all I earn sorry... Yeah- sorry to you bud. You are underemployed. Child support order stands at your old salary cause thats what you should be earning. Come back in a year or two and show that that is in fact what you can and are actually able to earn now and not some kind of scam and we will change it. But it will be changed in the future and never ever back dated...

Your only chance to get it lowered is to show MORE income on her side. IF you are paying her money or she has other UNDOCUMENTED income coming in- you need to have it documented so that the figures are recalculated. Thats about all you can do. If you have questions about this - feel free to ask and I can expand on it...

----

Anyway about ROC...

You seem to be saying you got your 2yr GC and then moved out 4 months later correct? You then filed a JOINT ROC application with your wife- correct again?

You mention being in the middle of the divorce- or rather you have NOT EVEN HAD YOUR FIRST COURT DATE YET. It can take a while to get a final decree.

So when did you file the ROC papers? Do you even have an interview date? Because your post opens with I am going to have my divorce before my interview... Um what interview? Do you have an interview scheduled or you are just assuming you are going to get one and its going to be after you are divorced???

Seems like you have a lot of speculation going on cause you have no idea of whats happening. So before I go on explaining things that may or may not be applicable why dont you provide the proper info needed.... I would love to help you sort things

Honestly, I won't last a year at the rate they are taking money. She has no legitimate income she works cash in hand for her mother under the table below state minimum wage which she admitted in the court even admitted that she did not declare it on the tax returns and the judge did not care at all.

Yes i got my 2 year GC moved out after 4 months and then filed a joint ROC in October.

I have had biometrics done just waiting for them to either send a RFE or the interview appointment now - biometrics were done in october. and i beleive it will be before i am divorced as according to my soon to be ex wife we should have a court date by the end of this month early next month, My soon to be ex wife is using a lawyer for the divorce, i am not i cannot afford one and i do not qualify for pro bonos, i have no idea why she is using one..... She can't get anything out of me, i do not have any assets, i dont own my own home, i have no savings or valuables... i can seriously fit my whole life into my 3-series

Do you need any more info?

[Mollie09 1,543]

Honestly, I won't last a year at the rate they are taking money. She has no legitimate income she works cash in hand for her mother under the table below state minimum wage which she admitted in the court even admitted that she did not declare it on the tax returns and the judge did not care at all.

Yes i got my 2 year GC moved out after 4 months and then filed a joint ROC in October.

I have had biometrics done just waiting for them to either send a RFE or the interview appointment now - biometrics were done in october. and i beleive it will be before i am divorced as according to my soon to be ex wife we should have a court date by the end of this month early next month, My soon to be ex wife is using a lawyer for the divorce, i am not i cannot afford one and i do not qualify for pro bonos, i have no idea why she is using one..... She can't get anything out of me, i do not have any assets, i dont own my own home, i have no savings or valuables... i can seriously fit my whole life into my 3-series

Do you need any more info?

Why did you file a joint ROC if you aren't together?

[Gizzy666 1]

She told me to do it honestly, As we planned on remaining married until this was all processed and divorce after so i could stay here for me kid, she just made me so mad one week i said screw it and filed divorce.

[frody 14]

then you guys lied to USCIS because you weren't living together.

[Gizzy666 1]

then you guys lied to USCIS because you weren't living together.

We did not really lie to be honest, We included wirtten statements from both of us that we have been living seperate, and that we have considered divorcing. It is now that we have actually initiated the divorce.

So the USCIS are aware of this, They have not said anything yet, They sent me a receipt, Then my biometrics appointment which i did, and now im just playing the waiting game.

What do you think will happen next?

[Merrytooth 5,748]

You may or may not get ROC interview.

[frody 14]

"Would it be worth waiting for the interview or just leave the country before they deny my application and deport me?"

Seems your child doesnt mean nothing for you if you aren't worry to stay where the baby live.

[Gizzy666 1]

"Would it be worth waiting for the interview or just leave the country before they deny my application and deport me?"

Seems your child doesnt mean nothing for you if you aren't worry to stay where the baby live.

I was waiting for someone to use my choice of words against me for that one.

I was asking that question very loosely. It has nothing to do with how much i care for my child. What i was asking with that question is Does it look more likely that i will be deported? and if that is the case should i leave befor ei get detained and have to go through the removal proceedings. I would rather book my own flight than have to wait around in a detention facility while the organize my deportation. I am choosing personal comfort in this one. Nothing to do with my son.

Thanks

You may or may not get ROC interview.

i fully expect a RFE or ROC interview or both even i wouldnt be surprised with.

What i plan to do at the interview is lay it all out to the officer so they know how long i was together with the soon to be ex wife before we seperated from one another and all the blanks in between.

Honesty is the best policy and i will not lie to a USCIS officer

[Boiler 45,657]

You applied for a benefit based on an ongoing marriage, what do you expect to happen?

[IcezMan_IcezLady 582]

Don't quote me on this!

I heard about a dude who was returning to his home country with one way ticket.

Well, CBP turned him around. They basically stopped him from leaving the country because he owed child support.

I heard this on a diaspora radio here in the U.S.

I don't know how true it is but don't try to run away from your responsibility. You initiated the the divorce and you should have looked into this. Not saying that you should stay in a bad situation but you don't make a decision without exploring the consequences and act surprised.

Talk to a lawyer.

Try a pro bono lawyer

[Ash.1101 1,756]

Honestly, I won't last a year at the rate they are taking money. She has no legitimate income she works cash in hand for her mother under the table below state minimum wage which she admitted in the court even admitted that she did not declare it on the tax returns and the judge did not care at all.

Yes i got my 2 year GC moved out after 4 months and then filed a joint ROC in October.

I have had biometrics done just waiting for them to either send a RFE or the interview appointment now - biometrics were done in october. and i beleive it will be before i am divorced as according to my soon to be ex wife we should have a court date by the end of this month early next month, My soon to be ex wife is using a lawyer for the divorce, i am not i cannot afford one and i do not qualify for pro bonos, i have no idea why she is using one..... She can't get anything out of me, i do not have any assets, i dont own my own home, i have no savings or valuables... i can seriously fit my whole life into my 3-series

Do you need any more info?

She lives with her mother, so she doesn't actually need that much money since she's not paying bills. Even if she tells the courts her mother gives her cash, under the minimum wage, and she did not declare it, it's possible they don't care because you don't have to file taxes unless you make a certain amount of taxable income. You're suppose to claim self-employment over like 500$ a year, but most people don't consider, say mowing the lawn for 10$ a pop as self employment. They generally also don't consider anything that doesn't involve a contract or IRS involvement as being self employed.

Now yes, they get those people who are self employed making 100000$ a year and not claiming it but are having IRS documents sent out, but they're not going to go for someone like her who technically makes little money and has no paper trail to prove it.

If you make less than 10000 a year filing as single, you don't have to file taxes. If you make less than 13000 a year filing as head of household, you don't have to file taxes.

The judge probably also doesn't care, because she lives with her mother, which is where you and the child had lived too. Everything at the end of the day is kept the same as it was. It's better for her to have the child than for you to have the child in their eyes, they aren't rocking the boat, and they won't have to worry about immigration breaking up the childs life if something happened with you one day.

Now if you could prove there is other income for HER, from say your joint bank account that was closed, that could help. If you could find deposits that were HERS and something you know she still gets, you may be able to use that. But it just looks like you're fairly screwed in this whole area.

Again tho, I think it is VERY important to bring up in the divorce proceedings that she has a I-864 signed to make sure you stay afloat. If you don't bring it up, or make sure it's noted in the divorce decree, somewhere maybe in the loans/debts sections, then you'll only have yourself to blame. Not saying you can't get the I-864 upheld if it's not in the divorce decree, but it may be easier to hold it up to her if it is in it.

[frody 14]

Im sorry If I hurt your feelings Its just will raise all kind of flags that you were exactly 2 years and filled for divorce ..there is a lot of those cases but when is a child in between there is a sad reality here... You were living in her parents, you were earning money more than enough to live with her alone. You mention you were the one that filled for divorce (this is a big deal) without thinking in the possible horrendous consequences of your son without the father in the country in a rage of angriness.

Childs are more important than immigration or your personal issues with the mother.

Unfortunately, I have seen so many fathers than suddenly after filling for divorce goes to work in Mc Donald's in order to have no income or low income.

Sometimes judges see that in the trials and they are no idiots.

[Harmonia 211]

It is similar in Mass - good article about it: http://www.bostonmagazine.com/2009/06/alimony-laws/2/

I have teased my husband that I wish I had known before that I would get such a great deal in alimony [which is ridiculous because we both have very similar and totally self-sufficient incomes / we actually keep our finances separate]

OP - I feel you need some legal assistance [for the divorce certainly, for the immigration, maybe].

This article is from 2009. The alimony system in MA changed quite drastically with the Alimony Reform Act of 2011, implemented in 2012.