Financial Questions

[FormerlyKnownAs 17]

I am divorced with 2 teenagers of whom I have primary custody. Their father pays me a fair amount of support. My household size will be 4 including my fiance. I know that I need to make 125% of poverty guideline for household size. Does child support count at all toward the "income" as it goes to help support the children who make up half the household size?

Second question... How do the powers that be view children over the age of 18 living at home? I would assume they're still considered my responsibility (they'll be that for a long time), but does it change things when they're "of age" or no longer a minor? What if they live with me, but are contributing to their living expenses? Just really wondering, not exactly a direct issue of mine, but it might help someone else and I've always wondered.

I have poked around here for awhile and I won't have a problem with the income requirement, but I've never seen a good answer to these questions just because I haven't seen them asked directly. Anyone have any idea? Is there a better place for me to post this question?

Thanks all! Any insight would be appreciated.

[baron555 934]

I am divorced with 2 teenagers of whom I have primary custody. Their father pays me a fair amount of support. My household size will be 4 including my fiance. I know that I need to make 125% of poverty guideline for household size. Does child support count at all toward the "income" as it goes to help support the children who make up half the household size?

Yes, send a copy of the court order and proof of the deposits being made.

Second question... How do the powers that be view children over the age of 18 living at home? I would assume they're still considered my responsibility (they'll be that for a long time), but does it change things when they're "of age" or no longer a minor? What if they live with me, but are contributing to their living expenses? Just really wondering, not exactly a direct issue of mine, but it might help someone else and I've always wondered.

They are included in the household size only if you list them on your taxes as a dependent. If you do not but are just being nice to them, then they don't figure in the count.

I have poked around here for awhile and I won't have a problem with the income requirement, but I've never seen a good answer to these questions just because I haven't seen them asked directly. Anyone have any idea? Is there a better place for me to post this question?

I won't get into any discussion about the older children still being around but just ensure that your new fiance(e) knows about the situation and is comfortable with it; that in itself could create friction.

Thanks all! Any insight would be appreciated.

[Bobby+Umit 161]

Yes - child support can be counted as "income".

If you claim them on your taxes - your responsible for them on the affidavit.

Since they are under 21 - you would count them if they are "dependent" on you. (seems they are working? so I would say not)

no matter where they live: any spouse, any dependent children under the age of 21, any other dependents listed on your most recent Federal income tax return,

Edited November 10, 2011 by Bobby+Umit

[VanessaTony 3,567]

Children 21 and younger count in household size whether on taxes or not, living with you or not.

[FormerlyKnownAs 17]

Thank you for the responses. My children have some time before they hit 18, so it doesn't apply directly to my situation (for awhile at least). I just wondered about that question because it seems like I've seen both answers that I've gotten here... Just not sure which is correct. I would always assume you'd want to err on the side of caution and include them, but I wasn't sure if it's required.

I would just like to be as educated as possible about the process and requirements. Thanks again.

[Gary and Alla 3,694]

I am divorced with 2 teenagers of whom I have primary custody. Their father pays me a fair amount of support. My household size will be 4 including my fiance. I know that I need to make 125% of poverty guideline for household size. Does child support count at all toward the "income" as it goes to help support the children who make up half the household size?

Second question... How do the powers that be view children over the age of 18 living at home? I would assume they're still considered my responsibility (they'll be that for a long time), but does it change things when they're "of age" or no longer a minor? What if they live with me, but are contributing to their living expenses? Just really wondering, not exactly a direct issue of mine, but it might help someone else and I've always wondered.

I have poked around here for awhile and I won't have a problem with the income requirement, but I've never seen a good answer to these questions just because I haven't seen them asked directly. Anyone have any idea? Is there a better place for me to post this question?

Thanks all! Any insight would be appreciated.

Yes, child support counts if it is court ordered and you have documentation that it is being paid.

Your children are your responsibility no matter where they live until age 21 unless they are over age 18 and emancipated. If they are under 21 and NOT emancipated they count in your family size. Yours count. If they are emancipated they are not cliamed on your tax return as depednents and have a separate address.

The answer is in the I-864 instructions which are also used as a guideline for the I-134. Google "I-864"

[Gary and Alla 3,694]

Thank you for the responses. My children have some time before they hit 18, so it doesn't apply directly to my situation (for awhile at least). I just wondered about that question because it seems like I've seen both answers that I've gotten here... Just not sure which is correct. I would always assume you'd want to err on the side of caution and include them, but I wasn't sure if it's required.

I would just like to be as educated as possible about the process and requirements. Thanks again.

I always assume you do not want to "err" at all. Incorrect answers are given by people with no experience with affidavits for children and/or those that did not read the instructions.

The I-864 instructions are pretty clear about children and how they "count" but yes, a lot of people for whom that is not "good news" choose to ignore the facts and not claim children if they are not living with them ("they live with mom and I pay child support so therefore I do not need to count them") That kind of logic is viewed by the powers that be as material fraud.

ALL children count.

[FormerlyKnownAs 17]

Thank you so much, Gary and Alla. Very helpful!