Ex and his foreign spouse

[kris&me 572]

she did 't remarry, he did, so yes, if he has to pay alimony and part of his retirement (even not retired but for # of years married) then she can still get spousal support

he may be under the tax threshold but still needs to show he filed and make out the appropiate forms for exemption (over 100,000)

not all states reduce the child support if he makes less, some say get a 2nd job

his first obligation , according to most family court, is to the 1st child / they consider the new child a choice made as he  can afford it 

obligation is not to u but u are allowed your share of retirement according to # of years married

and alimony may state till u remarry depending on your state

have u thought to get the increase in child support now so, if they reduce it later, it is what u are getting now

and BTW, no one here knows what she has gone thru so stop the negative

[kris&me 572]

yes,  if she did not remarry, she can get alimony till she does depending on the state

and in any family court, the first child is the main obligation of the father / a judge can say, get a 2nd job

he will need to do taxes and file the necessary forms for exemption of overseas income (well over 100,00)

but the taxes need to be filed

we don't know what your marriage was so judging what u say here is wrong 

[Ontarkie 14,383]

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Edited September 28, 2017 by Ontarkie

[radio 0]

4 hours ago, Redheadguy03 said:

5 years and you're still getting spousal support? You sound like that's all you care about. You want him to stay overseas because he'll make more and you're worried you'll get less. 

 

If he makes above the poverty limit and establishes domicile in the United States (he could use a family member's in the United States) 

Then he should be able to qualify and you will need to learn to be happy about it or at the very least accept it. 

 

Get on with your life. 

I have to agree

- BTW if he lives in US spousal support is much better enforceable than if he lives abroad I would appreciate the fact that he does pay. - If he live in US the amount what he has to pay is based on what could he make in US with his skills - No- one can force him to stay in a certain country so you get more spousal support. Also be happy that he is getting married otherwise could be asked to pay him if he is unemployed

 

[MeAlone 161]

Usually what I heard, the foreign wife always complaining because the frist wife gets the better support and if there are kids, half of the husband income goes there, even the new wife having kids with him or divorcing, doesn't get so much, usually the first wife gets the biggest part of his support

[agrabs 241]

Wow so many judgemental and nasty responses to the OP.  I'm not sure why the OP asking about how her ex-husband's obligation to pay her court ordered support will be affected should he file a petition for his new wife automatically makes her a scorned and bitter person. 

   She said he hasn't been paying. (where is all the judgement there?)  Writing a check is the easy part, being the single parent left alone to feed them every night, clothe them, take them to their activities, discipline them, miss work when they are sick and make sure they grow up to be productive members of society is the hard part.He is out of the country - its not like he is down the street and can help when one of them is sick.    I wonder how many times the ex has taken the kids with him on the trips with his new wife?    How dare people judge her for wanting him to support his children.  And as far as the spouse support - usually now days its awarded for a good reason - perhaps she has a health condition and can't work full time - either way she is carrying the burden everyday of being the full-time parent to those children while the ex is across the world and can't even send a check.   This doesn't make her greedy - it makes her responsible for her children's well being.  Telling her to just let it go and hope he will come back and have a great relationship with her kids someday.... i'm sure that is real helpful advice when she is trying to figure out how to pay for health care for her children.    

 

[geowrian 22,338]

When copying/pasting from a source, please provide the source. Plagiarism is one issue, but another is determining the context and reputability of what is stated. I found the source for your comment (TurboTax), but that may become more difficult if somebody reads this thread a year from now and the source changes and can no longer be identified.

 

Second, household size for the IRS is not the same as it is for the I-864. These are different worlds with different criteria.

[GabiMatch 161]

2 minutes ago, agrabs said:

Wow so many judgemental and nasty responses to the OP.  I'm not sure why the OP asking about how her ex-husband's obligation to pay her court ordered support will be affected should he file a petition for his new wife automatically makes her a scorned and bitter person. 

   She said he hasn't been paying. (where is all the judgement there?)  Writing a check is the easy part, being the single parent left alone to feed them every night, clothe them, take them to their activities, discipline them, miss work when they are sick and make sure they grow up to be productive members of society is the hard part.He is out of the country - its not like he is down the street and can help when one of them is sick.    I wonder how many times the ex has taken the kids with him on the trips with his new wife?    How dare people judge her for wanting him to support his children.  And as far as the spouse support - usually now days its awarded for a good reason - perhaps she has a health condition and can't work full time - either way she is carrying the burden everyday of being the full-time parent to those children while the ex is across the world and can't even send a check.   This doesn't make her greedy - it makes her responsible for her children's well being.  Telling her to just let it go and hope he will come back and have a great relationship with her kids someday.... i'm sure that is real helpful advice when she is trying to figure out how to pay for health care for her children.    

 

Finally someone realizes that HE is the one on the wrong (he have to pay child support before “traveling the world” whit his new wife), his kids should come first!

A woman that fight for child support is not fighting for herself, she is fighting for her kids and a man that fight against is fighting against his kids...a judge won’t give the kids more or less then they have THE RIGHT TO HAVE!

 

[csk2b1 44]

5 hours ago, mallafri76 said:

 How can he still be on the hook for that five years after your divorce? Come on, you don’t need your ex to support yourself anymore. It’s 2017, women are strong, independent and fully capable of taking care of themselves. Let him go and start leading your own life.

I was about to give a thumbs up for great advice until I read the last sentence...

 

People are so judgemental about people's lives without knowing anything about them other than what an OP may have posted on a public forum then justify that judgement call with the line " I reserve the right to say whatever I want in this public forum (but as long as I stay within the TOS, wink, wink, nudge, nudge) ".

 

Thumbs up from me.

[MeAlone 161]

13 minutes ago, GabiMatch said:

Finally someone realizes that HE is the one on the wrong (he have to pay child support before “traveling the world” whit his new wife), his kids should come first!

A woman that fight for child support is not fighting for herself, she is fighting for her kids and a man that fight against is fighting against his kids...a judge won’t give the kids more or less then they have THE RIGHT TO HAVE!

 

All true. and it's American law care about children. OP is correct worrying about her kids, the new wife will care about hers if she has them.

OP, it's OK he comes back to US, here he won't dare to miss child support payments and go to travel abroad instead, the judge can even ask to take his passport if he doesn't pay which is his obligation to his own children.

[EvolvingOutLoud 10]

For reference:

 

Instructions for Affidavit of Support Under Section 213A of the INA 

 

How Do I Count Household Size? 

 

Your household size includes yourself and the following individuals, no matter where they live: any spouse, any dependent children under 21 years of age, any other dependents listed on your most recent Federal income tax return, all persons being sponsored in this af davit of support, and any immigrants previously sponsored with Form I-864 or Form I-864 EZ, Af davit of Support Under Section 213A of the INA, whom you are still obligated to support. If necessary to meet the income requirements to be a sponsor, you may include additional relatives (adult children, parents, or siblings) as part of your household size as long as they have the same principal residence as you and promise to use their income and resources in support of the intending immigrant(s). 

 

https://www.uscis.gov/system/files_force/files/form/i-864instr.pdf?download=1

[MeAlone 161]

Good luck to the new wife coming to America real life, the 1st wife and their children together will continue getting the support the judge tells them and his kids are HIS OBLIGATION too (not only the OP) for years until they get to the adult age and more because the father-children relationship never ends, so the new wife should deal with reality as he should too

[ShanghaiSurfer 135]

Wanted to correct an earlier post who incorrectly stated DCF was only way you could petition from overseas. You don't need to be residing in the US at time of filing the petition. You have to prove intent to be living in the US. This is referred to as Domicile. 

 

Im living proof of it as we were approved while filing from overseas. 

 

 

[Lemonslice 4,947]

51 minutes ago, K1_Journey said:

Who Qualifies as a Dependent? 
Qualifying Child 
In addition to the qualifications above, to claim an exemption for your child, you must be able to answer "yes" to all of the following questions.

• Are they related to you? The child can be your son, daughter, stepchild, eligible foster child, brother, sister, half brother, half sister, stepbrother, stepsister, adopted child or an offspring of any of them.
• Do they meet the age requirement? Your child must be under age 19 or, if a full-time student, under age 24. There is no age limit if your child is permanently and totally disabled.
• Do they live with you? Your child must live with you for more than half the year, but several exceptions apply.
• Do you financially support them? Your child may have a job, but that job cannot provide more than half of her support.
• Are you the only person claiming them? This requirement commonly applies to children of divorced parents. Here you must use the “tie breaker rules,” which are found in IRS Publication 501. These rules establish income, parentage and residency requirements for claiming a child.

Taxes and immigration, different issues, different definitions.

[MeAlone 161]

10 minutes ago, Lemonslice said:

Taxes and immigration, different issues, different definitions.

Yes, he can opt for a cosponsor and bring the new wife, not a problem, the problem will be for the new marriage to live on a smaller income but being divorced and having children he has to pay the support