Divorce Question

[sparkles_ 456]

30 minutes ago, Boiler said:

Seems to be a very rare situation however in this case it also seem the I 864 has passed.

In that case, time to go to school part time and work full time instead of vice versus. Immigration is by no means including free ride off ones ex spouse's pocketbook until naturalized  

Edited January 13, 2018 by sparkles_

[Noe&Estella 57]

First and foremost, do you have kids together? If you do not why should he pay you? It's not his fault you want to go to school and you dont want to work full time.

If you do have kids together then he needs to for the love of his kids and pay you to where you both agree in terms of monthly payments through negotiations between yourselves or through Court in that matter. 

[elmcitymaven 9,712]

9 hours ago, Shawna and James said:

First off, if this is the wrong place, I'm sorry!  

 

I am a green card holder.  I came to the US on a CR-1 visa and my husband and I have been married almost 8 years.  We are divorcing and agree on most of the division of assets, but he is refusing support.  I go to school 30 hours a week and working part time. Some months I'm lucky to bring home $400 because I'm a manicurist and my work is commission based.  Clearly I cannot support myself.  I know he is legally obligated to support me at 125% of the poverty line until I've worked 40 quarters or become a citizen. My question is, how can I go about enforcing this?  One divorce lawyer I talked to said it has nothing to do with the divorce and that I would have to address that separately?  Any help would be appreciated.  Thanks. 

Please, PLEASE talk with a divorce attorney some more about support based on the length of the marriage. You have been married nearly 8 years. I am not familiar with Arkansas family law, but it may be that you are entitled to some measure of spousal support. Yes, you may need to go to school part time and work full time, or hustle for a bit, but do not give up on spousal support based on your marriage, not your I-864. 

[caliliving 606]

You are confused.. the i864 is ONLY if you get government benefits and ONLY if the government comes back and asks him to pay them back.

 

SOrry you are having a 'divorce' issue. but like any normal person you need to be able to support yourself.  Your husband does NOT need to give you any support. work 2 jobs. get a waitressing job and do other stuff around school! if you went back to canada you would still have the money issue there.

 

this is a divorce/money issue NOT an immigraiton issue.  

[caliliving 606]

3 hours ago, sparkles_ said:

In that case, time to go to school part time and work full time instead of vice versus. Immigration is by no means including free ride off ones ex spouse's pocketbook until naturalized  

seriously! some people think immigraiton means the USC spouse can support the foreigner forever.  also, a canadian it is pretty easy to find a job.  not to be rude but you seem like you dont want to work and expect him to support you.  unless he is charlie sheen rich, then of course you should go after something. 

[geowrian 22,337]

9 hours ago, caliliving said:

You are confused.. the i864 is ONLY if you get government benefits and ONLY if the government comes back and asks him to pay them back.

Not true. Courts have upheld the I-864 requiring maintenance up to thee poverty line. It's uncommon and a difficult path, but it has been done successfully.

 

 

Edited January 13, 2018 by geowrian

[Going through 5,671]

Easiest solution to make your financial matters improve would be for you to work full time and reduce your classes.

 

[Amica Nostra 4,803]

12 hours ago, elmcitymaven said:

Please, PLEASE talk with a divorce attorney some more about support based on the length of the marriage. You have been married nearly 8 years. I am not familiar with Arkansas family law, but it may be that you are entitled to some measure of spousal support. Yes, you may need to go to school part time and work full time, or hustle for a bit, but do not give up on spousal support based on your marriage, not your I-864. 

This is a seriously valuable piece of advice.

[Amica Nostra 4,803]

22 hours ago, Shawna and James said:

First off, if this is the wrong place, I'm sorry!  

 

I am a green card holder.  I came to the US on a CR-1 visa and my husband and I have been married almost 8 years.  We are divorcing and agree on most of the division of assets, but he is refusing support.  I go to school 30 hours a week and working part time. Some months I'm lucky to bring home $400 because I'm a manicurist and my work is commission based.  Clearly I cannot support myself.  I know he is legally obligated to support me at 125% of the poverty line until I've worked 40 quarters or become a citizen. My question is, how can I go about enforcing this?  One divorce lawyer I talked to said it has nothing to do with the divorce and that I would have to address that separately?  Any help would be appreciated.  Thanks. 

Listen to the advice of Elm City Maves.

 

 

The country court where you get the divorce will decide upon spousal support payments based on state law , the length of marriage, the difference in your and his incomes and your capacity to earn in the short term.  Local and state laws vary.

 

Don't forget the value of the story that you related: that a small amount of support in the short term will help you finish your school work and keep you on the path to supporting yourself. 

 

If you do not think the existing lawyer is on top of it, make an appointment your financial details to another lawyer who will pursue the issue agressively. This is not a time to be timid.

 

The court will decide whether  equalization is warranted based on the facts.

 

Ignore the faux moral outrage of those who view you as not entitled to support due to your status as an immigrant or not being the breadwinner.  

[Amica Nostra 4,803]

16 hours ago, sparkles_ said:

He doesn't have to support you per se as in subsidizing your cost of living, but if you manage to draw any welfare or govt assistance before naturalization, then he is on the hook to pay the state those monies back.

How could you know this?

[sparkles_ 456]

48 minutes ago, Il Mango Dulce said:

How could you know this?

Well, I can't be 100% but......I can read the i864, and secondly  I know that a spouse who has worked during the length of the marriage and has a skill (she said she is a manicurist)  isn't typically entitled to alimony even in a long term marriage. Speaking as a woman who was a housewife for the entire 10 years of my first marriage, I know what it takes to get awarded spousal support because I got 1100$ a month for two years.....and I got it because I was married as a teen and didn't pursue college, never held a job, only stayed at home. My lawyer at the time said this was the only reason I was given alimony at all, and if I would have had any education or work experience to fall back on it would have been denied. You don't get this because you want to keep working part time in order to go to school full time. People get spousal support because they have been non working spouses, who would have trouble re-entering the workforce and the real world and may not have any education/skill. 

[N-o-l-a 7,167]

1 minute ago, sparkles_ said:

Well, I can't be 100% but......I can read the i864, and secondly  I know that a spouse who has worked during the length of the marriage and has a skill (she said she is a manicurist)  isn't typically entitled to alimony even in a long term marriage. Speaking as a woman who was a housewife for the entire 10 years of my first marriage, I know what it takes to get awarded spousal support because I got 1100$ a month for two years.....and I got it because I was married as a teen and didn't pursue college, never held a job, only stayed at home. My lawyer at the time said this was the only reason I was given alimony at all, and if I would have had any education or work experience to fall back on it would have been denied. You don't get this because you want to keep working part time in order to go to school full time. People get spousal support because they have been non working spouses, who would have trouble re-entering the workforce and the real world and may not have any education/skill. 

 

I've known several upper-middle class women who receive spousal support despite being pretty well off and having good careers.

 

The only way for OP to know would be to get a good lawyer and try for it.

[Amica Nostra 4,803]

10 minutes ago, N-o-l-a said:

 

I've known several upper-middle class women who receive spousal support despite being pretty well off and having good careers.

 

The only way for OP to know would be to get a good lawyer and try for it.

Thank you.

[Going through 5,671]

17 minutes ago, sparkles_ said:

People get spousal support because they have been non working spouses, who would have trouble re-entering the workforce and the real world and may not have any education/skill. 

Many people who work full time, with wonderful skills and education also receive spousal support.

Most of the rules surrounding spousal support vary based on State---really has less to do with how "'successful" one person is in their career over another, or their educational background.

Edited January 13, 2018 by Going through

[CEE53147 559]

On 1/12/2018 at 9:44 PM, elmcitymaven said:

Please, PLEASE talk with a divorce attorney some more about support based on the length of the marriage. You have been married nearly 8 years. I am not familiar with Arkansas family law, but it may be that you are entitled to some measure of spousal support. Yes, you may need to go to school part time and work full time, or hustle for a bit, but do not give up on spousal support based on your marriage, not your I-864. 

Eight years is NOT a long marriage justifying alimony.  During that time, OP, you should have become able to support yourself.

Edited January 14, 2018 by CEE53147