Child support issue

[IsabelleFredrick 6]

I immigrated to the USA 3.5 years ago and my children stayed with their father abroad, I was going to settle for a year and then we would look at visitation. Before I left, my ex typed and we signed a maintenance agreement which was never filed at court, but he understood that it would take 6 months for me to be able to work and was gracious in that regard. When I arrived here, and looked at the job market I realized I would not be able to afford to pay him what I said I would (he typed the agreement up and said I must pay what he had been paying, but he had a corporate job and I have never had one). I kept in contact with him regarding this. AS soon as I got my green card COVID hit, and everything shut down. I was unable to find work until July last year (2021) and I sent him 25% of my income. I worked from home tutoring kids as that is what I have always done. 
I am currently studying and my ex has refused to accept any money from me unless it is the amount he wants ($800pm). I can't send that, so I have opted to pay money to the kids school directly, which I have done all of this year. 
Recently he got an attorney and said I owe a ton of backpay for the last 3.5 years, at the rate of $800. 
There is no court doc stating what I should pay. He will not write a letter saying I have paid. I have all my proof of payments. 
What on earth do I do for my application??

[OldUser 6,770]

Did you speak to a family lawyer to determine whether you met your obligations (if any?)

[Mobius1 175]

19 minutes ago, IsabelleFredrick said:

I immigrated to the USA 3.5 years ago and my children stayed with their father abroad, I was going to settle for a year and then we would look at visitation. Before I left, my ex typed and we signed a maintenance agreement which was never filed at court, but he understood that it would take 6 months for me to be able to work and was gracious in that regard. When I arrived here, and looked at the job market I realized I would not be able to afford to pay him what I said I would (he typed the agreement up and said I must pay what he had been paying, but he had a corporate job and I have never had one). I kept in contact with him regarding this. AS soon as I got my green card COVID hit, and everything shut down. I was unable to find work until July last year (2021) and I sent him 25% of my income. I worked from home tutoring kids as that is what I have always done. 
I am currently studying and my ex has refused to accept any money from me unless it is the amount he wants ($800pm). I can't send that, so I have opted to pay money to the kids school directly, which I have done all of this year. 
Recently he got an attorney and said I owe a ton of backpay for the last 3.5 years, at the rate of $800. 
There is no court doc stating what I should pay. He will not write a letter saying I have paid. I have all my proof of payments. 
What on earth do I do for my application??

Unless its court ordered, the child support doesn't really apply. However, your ex, yes, can go to the court and have it back dated to 3.5 years ago. You could fight it but its going to be costly and at the end decision might still be against you.

 

Family law is just weird like that. 😕

 

N400 will be looked at negatively. For sure once your ex gets the court mandated Child support. And possibly even without it, as one of the questions asked is, "Have you ever failed to support your dependents". It doesn't say court ordered or not. That can become grounds for denial based on GMC (Good Moral Character).

 

 

[iwannaplay54 985]

16 hours ago, IsabelleFredrick said:

I immigrated to the USA 3.5 years ago and my children stayed with their father abroad, I was going to settle for a year and then we would look at visitation. Before I left, my ex typed and we signed a maintenance agreement which was never filed at court, but he understood that it would take 6 months for me to be able to work and was gracious in that regard. When I arrived here, and looked at the job market I realized I would not be able to afford to pay him what I said I would (he typed the agreement up and said I must pay what he had been paying, but he had a corporate job and I have never had one). I kept in contact with him regarding this. AS soon as I got my green card COVID hit, and everything shut down. I was unable to find work until July last year (2021) and I sent him 25% of my income. I worked from home tutoring kids as that is what I have always done. 
I am currently studying and my ex has refused to accept any money from me unless it is the amount he wants ($800pm). I can't send that, so I have opted to pay money to the kids school directly, which I have done all of this year. 
Recently he got an attorney and said I owe a ton of backpay for the last 3.5 years, at the rate of $800. 
There is no court doc stating what I should pay. He will not write a letter saying I have paid. I have all my proof of payments. 
What on earth do I do for my application??

Lot of gray areas in this one.
A signed agreement between parties is generally valid and enforceable in any state. 

 

Advice here:  You signed an agreement and are currently in arrears at a level that natural born USC’s are denied passports until they pay up.  This is not DIY.  You need to engage an attorney soonest.  If you DO DIY then your best path is to attach and disclose the signed agreement, demonstrate that you have paid SOMETHING, and let them make a ruling on it. 
I personally wouldn’t touch an N-400 until this is fully cleared up.  

[Family 4,015]

20 hours ago, Mobius1 said:

Unless its court ordered, the child support doesn't really apply. However, your ex, yes, can go to the court and have it back dated to 3.5 years ago. You could fight it but its going to be costly and at the end decision might still be against you.

 

Agreed. The current court order does not include any $$amount …and some considerable time will pass before a new order is granted. It’s important to fight and see through any new filings by father as they could potentially limit / change other custody issues. 
 

Personally , I think it’s worth filing N-400 with a copy of current order and proof of money sent or date. Doubt there will be a new order before Natz complete. All you can lose for trying is the filing fee

 

 

The informal agreement ( like court orders was based on income , although in this case anticipated income: but just like one can go back ad seek to modify $$ via OSC for lack of income…OP informally requested the amount be lowered for such..) 

…so definitely in OP s favor to get in front of the issue in family court NOW..would have been a good idea as soon as ex “refused “ payments. “ That’s a power play move …but a poor decision not in the kids best interest