Proof of child support

[Carol and Bruno 0]

After reading through the list of documents to send with the application, the one thing that might be an issue for my husband is the proof of child support. His mother pays and has always paid it. She has every receipt, but will that be an issue that my husband isn't actually paying? The child still lives in Brazil.

[NickD 202]

After reading through the list of documents to send with the application, the one thing that might be an issue for my husband is the proof of child support. His mother pays and has always paid it. She has every receipt, but will that be an issue that my husband isn't actually paying? The child still lives in Brazil.

I bit surprised your husband takes this so lightly, but really don't know anything about Brazil, certainly there is a court order requiring him to make those payments. This is giving his ex the privilege of taking him to court for not making those payments. In my case in Wisconsin, they just set up a new government agency where I would send my checks to them and not to my ex. Before, if a spouse did not make those payments, the recipient spouse had to take that ex to court to demand those payments. Now the state would take that ex to court. It was that plus I knew however my ex received those monthly funds, my kids wouldn't see a dime of it. Used that as a strong argument in a court and received full physical custody of my kids. And won.

My wife in Venezuela was awarded child support payments, but her ex was refusing to give his permission for her daughter to leave the country. She countered by forgiving those payments in exchange for his permission to bring her daughter over here. He was already six years in arrears, so either had to come up with a small fortuned or go to jail. Just seems to me your husbands ex is in the same position, can claim donations from the grandmother, but your husband doesn't have any proof he is sending those payments. Would consider that more hazardous than dealing with the USCIS.

Really no qualified attorney on this matter, but seems like you need a letter of affidavit from the ex that those payments have been received on behalf of your husbands mother for child support payments. But suggest you see an attorney on this matter.

[Carol and Bruno 0]

I bit surprised your husband takes this so lightly, but really don't know anything about Brazil, certainly there is a court order requiring him to make those payments. This is giving his ex the privilege of taking him to court for not making those payments. In my case in Wisconsin, they just set up a new government agency where I would send my checks to them and not to my ex. Before, if a spouse did not make those payments, the recipient spouse had to take that ex to court to demand those payments. Now the state would take that ex to court. It was that plus I knew however my ex received those monthly funds, my kids wouldn't see a dime of it. Used that as a strong argument in a court and received full physical custody of my kids. And won.

My wife in Venezuela was awarded child support payments, but her ex was refusing to give his permission for her daughter to leave the country. She countered by forgiving those payments in exchange for his permission to bring her daughter over here. He was already six years in arrears, so either had to come up with a small fortuned or go to jail. Just seems to me your husbands ex is in the same position, can claim donations from the grandmother, but your husband doesn't have any proof he is sending those payments. Would consider that more hazardous than dealing with the USCIS.

Really no qualified attorney on this matter, but seems like you need a letter of affidavit from the ex that those payments have been received on behalf of your husbands mother for child support payments. But suggest you see an attorney on this matter.

Thanks for your response. I discovered that his mother has every receipt of every payment made and the receipts are in my husband's name so seems everything will be fine regarding documentation.

[Nero 17]

I'm glad all your documentation is in order. I was going to say that even if you mother-in-law's name was still on the receipts, as long as they payments were current it wouldn't be an issue (I belive). I'm no expert on the brazilian system, but from my experience working in family law here in the us, if the child support payment is being made the courts won't press whether it's the noncustodial parent, their family member, their current spouse / girlfriend writing out the check. There are only problems when the payment goes into delinquency. If the payment is being made by someone close to the one owing child-support is making the payment faithfully, there is also no way to prove (unless that person steps forward and says differently) that the non-custodial parent isn't paying back whoever is making the payments. Good Luck on your application! - Rich

Edited November 28, 2011 by Breezy & Me