? about the I-134 form if you have been divorced with kids involved & child support!

[Francksgirl 0]

My question is.......

Our lawyer advised us only to put my salary on this form. There is nowhere on the form to put money from my ex for child support or maintenance. My ex has Primary custody of both kids, but we have joint custody and I have the kids 90% of the time. My ex will be claiming both children on his taxes, not me. Do I need to put this information on the form, or just leave my salary with what I make on here like our lawyer told advised us. Our Lawyer wasn't the brightest lightbulb in the world.........wish that I had known about this website before! I would have saved a $1,000.00!!!!!!! Please help if any of you have information on this! I couldn't find any.......

[pushbrk 12,127]

My question is.......

Our lawyer advised us only to put my salary on this form. There is nowhere on the form to put money from my ex for child support or maintenance. My ex has Primary custody of both kids, but we have joint custody and I have the kids 90% of the time. My ex will be claiming both children on his taxes, not me. Do I need to put this information on the form, or just leave my salary with what I make on here like our lawyer told advised us. Our Lawyer wasn't the brightest lightbulb in the world.........wish that I had known about this website before! I would have saved a $1,000.00!!!!!!! Please help if any of you have information on this! I couldn't find any.......

If your salary easily exceeds the amount required to sponsor, that's all you need to document.

[thepizzadude 26]

My question is.......

Our lawyer advised us only to put my salary on this form. There is nowhere on the form to put money from my ex for child support or maintenance. My ex has Primary custody of both kids, but we have joint custody and I have the kids 90% of the time. My ex will be claiming both children on his taxes, not me. Do I need to put this information on the form, or just leave my salary with what I make on here like our lawyer told advised us. Our Lawyer wasn't the brightest lightbulb in the world.........wish that I had known about this website before! I would have saved a $1,000.00!!!!!!! Please help if any of you have information on this! I couldn't find any.......

If your salary easily exceeds the amount required to sponsor, that's all you need to document.

[brlukath 1]

Your lawyer was 100% correct. The $$$ you rec'v from child support SHOULD NOT be included in the I-134 because that money is for your kids. You can't use THAT money to support your fiance--that would be illegal--so why should they count it? You SHOULD write that the kids are only PARTIALLY dependent on you for support, since some % of the $$ for their care comes from the child support. That will decrease the weight of the fact that your income needs to be--in theory-- enough (125%) to support a family of 4.

Edited October 6, 2009 by brlukath

[Gary and Alla 3,694]

Your lawyer was 100% correct. The $$$ you rec'v from child support SHOULD NOT be included in the I-134 because that money is for your kids. You can't use THAT money to support your fiance--that would be illegal--so why should they count it? You SHOULD write that the kids are only PARTIALLY dependent on you for support, since some % of the $$ for their care comes from the child support. That will decrease the weight of the fact that your income needs to be--in theory-- enough (125%) to support a family of 4.

Not true. It is family income and is counted and accepted if it is supported with a court order and proof of payment. The I-134 counts FAMILY size and FAMILY income from one person. Child support most defintely counts. (Unless in some rare case it is paid directly to the child) To say it is "for the children" you would also have to remove the children from the family size count as they have "their own income"... preposterous.

If your regular employment is enough you do not need to count child support, that is true. If you need to count it then add it to your "current income" from your job and attach a sheet explaining the source along with documentation. You ARE allowed to have more than one source of income and are allowed to list them. The I-134 is a convenience form used for a lot of people for a lot of visas, customize with attachments as you see fit.

[Christi and Ian 24]

My question is.......

Our lawyer advised us only to put my salary on this form. There is nowhere on the form to put money from my ex for child support or maintenance. My ex has Primary custody of both kids, but we have joint custody and I have the kids 90% of the time. My ex will be claiming both children on his taxes, not me. Do I need to put this information on the form, or just leave my salary with what I make on here like our lawyer told advised us. Our Lawyer wasn't the brightest lightbulb in the world.........wish that I had known about this website before! I would have saved a $1,000.00!!!!!!! Please help if any of you have information on this! I couldn't find any.......

If your salary easily exceeds the amount required to sponsor, that's all you need to document.

That's good to know - I had exactly the same question. I thought it would be relevant because they calculate your income to poverty level ratio based on the size of your household, don't they?

Edited October 12, 2009 by Christi and Ian

[Gary and Alla 3,694]

My question is.......

Our lawyer advised us only to put my salary on this form. There is nowhere on the form to put money from my ex for child support or maintenance. My ex has Primary custody of both kids, but we have joint custody and I have the kids 90% of the time. My ex will be claiming both children on his taxes, not me. Do I need to put this information on the form, or just leave my salary with what I make on here like our lawyer told advised us. Our Lawyer wasn't the brightest lightbulb in the world.........wish that I had known about this website before! I would have saved a $1,000.00!!!!!!! Please help if any of you have information on this! I couldn't find any.......

If your salary easily exceeds the amount required to sponsor, that's all you need to document.

That's good to know - I had exactly the same question. I thought it would be relevant because they calculate your income to poverty level ratio based on the size of your household, don't they?

Pushbrk is also correct. If the salary exceeds the guidelines (my guess is her salary does) then there is no need to list the child support and they may be what her lawyer refeered to. If you list the child support as income you also have to document it and if her income is enough, why bother? It is not required to list all your income on the I-134.

[Christi and Ian 24]

That's a relief - I wasn't sure if it was something akin to taxes, where you have to report all of your income - but if it's just verifying that you can support your household, that's a load off of my mind.

[Gary and Alla 3,694]

That's a relief - I wasn't sure if it was something akin to taxes, where you have to report all of your income - but if it's just verifying that you can support your household, that's a load off of my mind.

Nope. My I-134s and I-864s stated one figure as current income, my tax returns showed another number (higher) and my bank letters showed another number for deposits, higher yet.

It is not necessary to claim ALL income if you do not want to bother verifying it, not all income is taxable (such as child support among others) and does not show on a tax return. If you can verify it, you can count it, but if you don't need it, why bother? It is a svere penalty to not report "material evidence" but that you have additional income over and above the requirements is not "material" to their decision.

[Carolina+James 1]

Ok, my question is the opposite...

Household size is based on tax report? My fiance pays child support, but the children are *not* on his tax and live full time with their mother, and she is the one to declare them and get their tax returns. We want to know if we count household with or without the children, I am guessing without...

[john_and_marlene 162]

Ok, my question is the opposite...

Household size is based on tax report? My fiance pays child support, but the children are *not* on his tax and live full time with their mother, and she is the one to declare them and get their tax returns. We want to know if we count household with or without the children, I am guessing without...

Household size is not based on what you report for taxes. It is based on dependents. Your minor children are your dependents even if you don't claim them on your tax return. This is covered in the I-864 instructions for figuring household size.

[Francksgirl 0]

we don't need that form though........just the I-134 form---I'm just leaving it alone......My income exceeds what I should be making without needing to claim the childsupport, so if they look into it..........it will be plenty...

Ok, my question is the opposite...

Household size is based on tax report? My fiance pays child support, but the children are *not* on his tax and live full time with their mother, and she is the one to declare them and get their tax returns. We want to know if we count household with or without the children, I am guessing without...

Household size is not based on what you report for taxes. It is based on dependents. Your minor children are your dependents even if you don't claim them on your tax return. This is covered in the I-864 instructions for figuring household size.

[*JG* 2]

Child support is one of those things you can use on documents if it helps you or leave it off if you choose to. I've come across this many times throughout the years.

I agree....if your salary is enough, leave it off.

[Y's_habibitk 2]

we don't need that form though........just the I-134 form---I'm just leaving it alone......My income exceeds what I should be making without needing to claim the childsupport, so if they look into it..........it will be plenty...

Ok, my question is the opposite...

Household size is based on tax report? My fiance pays child support, but the children are *not* on his tax and live full time with their mother, and she is the one to declare them and get their tax returns. We want to know if we count household with or without the children, I am guessing without...

Household size is not based on what you report for taxes. It is based on dependents. Your minor children are your dependents even if you don't claim them on your tax return. This is covered in the I-864 instructions for figuring household size.

yep. I didnt include child support on mine because my income was more than enough, no need to complicate anything

[Allie and Nigel 2]

I think Gary and Alla are absolute jewels....I had this problem too, my income isnt enough for a family of 3 until I ADDED my court ordered child support paperwork and the bank statements showing CHILD SUPPORT CLEARINGHOUSE $ deposited weekly for the last year....soo my stewing away till my interview is slightly reduced....God bless VJ!!!! lol....