Divorcing USC

[SugarPlumFairy 3]

Hi all,

 

My USC husband and I (a permanent resident from Canada) have three young kiddos (6,3,13mths) and he has left our family (rented) home. He was the one to sign the Affidavit of Support. We’ve been married for 7 years, he is unwilling to work on the marriage anymore (although this has been very seldom anyways) and he wants a divorce (hoping to go through a mediator later on).
 

I am currently a stay at home mom as the primary caregiver and try to work on my bookkeeping business when I can.

 

We are in Washington State which is a community property state and have approx. $20,000 in debt (although the creditors are going after him since the cards were in his name). If I stay in the US instead of returning to Canada (and hopefully being able to bring my kids with me), is he required to pay my portion of the debt also or what are the limitations of the Affidavit? Thanks

 

 

Edited December 14, 2023 by SugarPlumFairy

[Boiler 45,486]

The question you asked relates to the Divorce settlement and the I 864 certainly is a factor any competent Lawyer would use.

 

It sounds like there are few to none assets, does he have a high income?

 

Ae the children all USC's? Not clear if they are all his.

[Boiler 45,486]

Far too late but reading again I assume they are his and USC's, and it is you that was sponsored and subject to the I 864.

 

Usually US Courts will not allow children to leave their jurisdiction.

 

I doubt Mediators will be familiar with the I 864.

 

 

[Vickys_Mom 225]

7 hours ago, SugarPlumFairy said:

Hi all,

 

My USC husband and I (a permanent resident from Canada) have three young kiddos (6,3,13mths) and he has left our family (rented) home. He was the one to sign the Affidavit of Support. We’ve been married for 7 years, he is unwilling to work on the marriage anymore (although this has been very seldom anyways) and he wants a divorce (hoping to go through a mediator later on).
 

I am currently a stay at home mom as the primary caregiver and try to work on my bookkeeping business when I can.

 

We are in Washington State which is a community property state and have approx. $20,000 in debt (although the creditors are going after him since the cards were in his name). If I stay in the US instead of returning to Canada (and hopefully being able to bring my kids with me), is he required to pay my portion of the debt also or what are the limitations of the Affidavit? Thanks

 

Much of this will be a part of the divorce decree.  You should have a divorce attorney NOW.  Decisions will start being made and your attorney protects you (as well as your children).

 

Disposition of debt incurred during the marriage is one of the things negotiated in the divorce settlement...like custody of the children and visitation rights which you need to be concerned about also.  

 

It would be wonderful if you found a divorce attorney who also understood things like the Affidavit of Support.  Those are rare and (I suspect) more expensive.  But that's a secondary issue to getting things set up to protect yourself while the pre-divorce activities occur.

 

There's nothing that says you two can't work all of this out later and stay married.  But once one of you starts throwing that D-word around you have to find an attorney to protect you.

 

Regards,

Vicky's Mom

[SugarPlumFairy 3]

Yes, so all the children are his. I do have a limited license legal technician I'm going to be retaining to sit in on our mediation and file the parenting plan/divorce paperwork. I guess I'm wondering if there's a document that outlines exactly what the Affidavit requires so that I can bring it to the mediation. For example, if I am going to be living in our family home for the next 6 months, I'm guessing he would still be required to provide me housing and food while still a permanent resident? Any insight is helpful. Thanks

[Boiler 45,486]

That would be the I 864