Child Support, Divorce, Sponsor's financial obligation

[TC:M 0]

I am married to my green card sponsor, we are divorcing and have two children. I have been awarded child support through the divorce process. For purposes of the poverty line above which my sponsor is required to keep me at, would that amount be calculated without consideration of the child support I am receiving. In other words, would child support receipts offset the amount he would need to provide me to keep me at or above the poverty level?

 

Also, the poverty level he is required to keep me at, I do have some income, but after taxes it takes me well below poverty level. Is what he is required to supplement me with calculated before I pay taxes or after taxes? Been researching for authority on these topics, can't find any.  Thanks.

[Boiler 45,486]

That is something that would have been determined by the Court

[Crazy Cat 41,845]

43 minutes ago, TC:M said:

I am married to my green card sponsor, we are divorcing and have two children. I have been awarded child support through the divorce process. For purposes of the poverty line above which my sponsor is required to keep me at, would that amount be calculated without consideration of the child support I am receiving. In other words, would child support receipts offset the amount he would need to provide me to keep me at or above the poverty level?

 

Also, the poverty level he is required to keep me at, I do have some income, but after taxes it takes me well below poverty level. Is what he is required to supplement me with calculated before I pay taxes or after taxes? Been researching for authority on these topics, can't find any.  Thanks.

Speak to your divorce attorney.  

[Mike E 11,739]

1 hour ago, TC:M said:

I am married to my green card sponsor,

For how many years have you been married?

 

1 hour ago, TC:M said:

we are divorcing and have two children. I have been awarded child support through the divorce process. For purposes of the poverty line above which my sponsor is required to keep me at, would that amount be calculated without consideration of the child support I am receiving.

yes 

1 hour ago, TC:M said:

In other words, would child support receipts offset the amount he would need to provide me to keep me at or above the poverty level?

no. 

1 hour ago, TC:M said:

 

Also, the poverty level he is required to keep me at, I do have some income, but after taxes it takes me well below poverty level. Is what he is required to supplement me with calculated before I pay taxes or after taxes? Been researching for authority on these topics, can't find any.  Thanks.

Gap = Poverty level minus your gross pay

 

If Gap is negative no I-864 support required 

 

Whether there is an I-864 requirement still depends on how any social security quarters you’ve worked during your time time, how many quarters each of have worked during the marriage, and/or hie many years you were married.  
 

[Ontarkie 14,221]

~~Moved to Effects of Major Family Changes, from Taxes and Finances - As similar threads are discussed here.~~

[SteveInBostonI130 3,434]

2 hours ago, TC:M said:

I am married to my green card sponsor, we are divorcing and have two children. I have been awarded child support through the divorce process. For purposes of the poverty line above which my sponsor is required to keep me at, would that amount be calculated without consideration of the child support I am receiving. In other words, would child support receipts offset the amount he would need to provide me to keep me at or above the poverty level?

 

Also, the poverty level he is required to keep me at, I do have some income, but after taxes it takes me well below poverty level. Is what he is required to supplement me with calculated before I pay taxes or after taxes? Been researching for authority on these topics, can't find any.  Thanks.

 

There is no automatic amount that your ex husband needs to pay. It is all dependent on the terms of the divorce. 

 

USCIS will not enforce anything for you.  The I-864 is a contract between the sponsor and USCIS.  If you seek public benefit, USCIS may use the I-864 to get the sponsor to refund the benefit amount.  It does not go directly to you.

 

As part of the divorce, your lawyer may use the I-864 information to get your ex to agree on an alimony, but again, this is all handled at divorce court.

[Pinkrlion 2,719]

That happens when you divorce.  Your spouse can be responsible for child support but they do not have to be responsible for the lifestyle you choose.  Your income will be considered in child support determination as well.  

This is not an immigration issue, you need to talk to your attorney.  Also, be aware, you can also be made to pay child support or not receive anything due to custody arrangements.  

[TC:M 0]

This is not a question about the divorce law part of it. That I understand. This really has to do with the requirement that the sponsor keep the green card holder at 125% over the poverty line. The question is, does that requirement fold in setoffs from privately received support? Or is it before/in addition to whatever outside support you might be receiving. I have a divorce attorney. We know the divorce part of all this.

 

[Boiler 45,486]

28 minutes ago, TC:M said:

This is not a question about the divorce law part of it. That I understand. This really has to do with the requirement that the sponsor keep the green card holder at 125% over the poverty line. The question is, does that requirement fold in setoffs from privately received support? Or is it before/in addition to whatever outside support you might be receiving. I have a divorce attorney. We know the divorce part of all this.

 

This is part possibly of the Divorce, good that your Lawyer is up to speed

[Pinkrlion 2,719]

1 hour ago, TC:M said:

This is not a question about the divorce law part of it. That I understand. This really has to do with the requirement that the sponsor keep the green card holder at 125% over the poverty line. The question is, does that requirement fold in setoffs from privately received support? Or is it before/in addition to whatever outside support you might be receiving. I have a divorce attorney. We know the divorce part of all this.

 

I understood what you said.  Do not focus so much on the sponsor keeping you above the 125% poverty line.  The judge can order you to keep a job that pays you above the poverty line.  

[carmel34 3,626]

4 hours ago, TC:M said:

This is not a question about the divorce law part of it. That I understand. This really has to do with the requirement that the sponsor keep the green card holder at 125% over the poverty line. The question is, does that requirement fold in setoffs from privately received support? Or is it before/in addition to whatever outside support you might be receiving. I have a divorce attorney. We know the divorce part of all this.

 

If the final divorce decree, signed by the judge, does not include alimony to you at $1,416 per month or more (125% of the federal poverty guideline for 1 person), you, the immigrant who was sponsored with an I-864 signed by a spouse, can sue the former spouse for enforcement of the I-864, so that you are supported at 125% of the poverty level.  See page 6 of the I-864.  I have never seen an actual case here on VJ regarding this, (an interesting discussion from a few weeks ago about hypotheticals is included below but it is all speculation) but the I-864 makes it clear and gives you the option to sue in civil court on the basis of this contract.  If the divorce decree did not address your financial support, and only child support, I suggest that you get a good attorney and sue the sponsor.  Please report back here for the benefit of others.  The question about child support being included or not included in the $1,416 per month will be up to the judge who hears the case.  Note that the I-864 contract ends when you become a US citizen, have worked or received credit for 40 quarters of Social Security coverage, or lose LPR status.  If your divorce has not been finalized yet, then include the I-864 contract in your negotiations with your spouse through your attorneys, and as evidence if the case goes to trial.  If the divorce goes to court, a judge will hear everything and make the final decision regarding any alimony you may receive.  Good luck!

 

 

 

Edited October 3, 2022 by carmel34

[Boiler 45,486]

I have seen a few cases relating to the enforcement of the I 864. Not many and the circumstances are very specific.

 

The OP was not specific on numbers but suggested that she was earning something very close to the 125% so the amount involved seems to be minor especially when compared to potential legal fees.

 

Sounds like the Divorce has been agreed, but something to have been discussed with the Divorce Lawyer.

 

I can see cases where the beneficiary is unable to work, however where I am a part time job at the local supermarket would produce this much. I guess a downside of the I 864 not having kept pace with reality.

[TC:M 0]

BTW, what is the right source to find the current federal poverty amount? I see lists that say federal, I see them state by state, what's the right resource to lean on for the correct numbers?

 

I have a household of 3, me and 2 kids. I see nothing in the green card info that says anything other than that we should be considered a household of three. Right or not?

[dwheels76 5,468]

1 hour ago, TC:M said:

BTW, what is the right source to find the current federal poverty amount? I see lists that say federal, I see them state by state, what's the right resource to lean on for the correct numbers?

 

I have a household of 3, me and 2 kids. I see nothing in the green card info that says anything other than that we should be considered a household of three. Right or not?

https://www.uscis.gov/i-864p

[Ontarkie 14,221]

~~Hijack post removed from another member's thread and merged with an existing thread on this topic.~~