My husband signed i-864 for me and now he`s asking for spousal support?

[kaikeen 0]

Hello!

My husband and I are going through divorce right now. I just received a paper from him requesting a trial for spousal support. He claims he didn't work for last year of our marriage (in reality he works in a hotel and lives there free and gets paid under the table). So I am wondering since he signed i-864 for me will I have to pay spousal support??? and does anyone know is it possible to obtain copy of i-864 from USCIS since i didn't save one....

I'm employed but I make less then 125% poverty guideline. Court also granted me a waiver for Court fees since I don't make much money...

Edited September 6, 2012 by kaikeen

[Penguin_ie 5,994]

The I-864 is separate from any spousal support the court may grant.

The divorce/ support laws will depend on the state you live in; I can't imagine an able bodies man of working age getting spousal support from his ex-wife that makes less than the poverty line when there are no kids to take care of, but you never know.

[SBB 74]

Hello!

My husband and I are going through divorce right now. I just received a paper from him requesting a trial for spousal support. He claims he didn't work for last year of our marriage (in reality he works in a hotel and lives there free and gets paid under the table). So I am wondering since he signed i-864 for me will I have to pay spousal support??? and does anyone know is it possible to obtain copy of i-864 from USCIS since i didn't save one....

I'm employed but I make less then 125% poverty guideline. Court also granted me a waiver for Court fees since I don't make much money...

If he's working under the table, you can always try reporting him and his employer to the IRS http://www.irs.gov/Individuals/How-Do-You-Report-Suspected-Tax-Fraud-Activity%3F

[kaikeen 0]

If he's working under the table, you can always try reporting him and his employer to the IRS http://www.irs.gov/Individuals/How-Do-You-Report-Suspected-Tax-Fraud-Activity%3F

thank you. that is a helpful link .

[NiNi123 0]

Did they ask you to paid support based on affidavit?

[del-2-5-2014 1,339]

Hello!

My husband and I are going through divorce right now. I just received a paper from him requesting a trial for spousal support. He claims he didn't work for last year of our marriage (in reality he works in a hotel and lives there free and gets paid under the table). So I am wondering since he signed i-864 for me will I have to pay spousal support??? and does anyone know is it possible to obtain copy of i-864 from USCIS since i didn't save one....

I'm employed but I make less then 125% poverty guideline. Court also granted me a waiver for Court fees since I don't make much money...

If at the time of divorce he's not working and you are, then you should have to pay alimony. We're a country of laws and I am extremely proud of your Husband for seeking this from the court.

However, I'm certain that he will be laughed out of court but not because he's not entitled to alimony but the bias in family court.

[ceadsearc 516]

Typically courts don't grant alimony for short marriages anyway, though I don't know how long the OP's marriage was. It has nothing to do with the bias of the court; an able-bodied adult with no dependents should be working, not getting a free ride from their ex. OP already said she makes less than 125% of the poverty line meaning she is probably barely supporting herself let alone anyone else. She also said her husband DOES work, he is just lying about it.

[del-2-5-2014 1,339]

1) Typically courts don't grant alimony for short marriages anyway, though I don't know how long the OP's marriage was. It has nothing to do with the bias of the court; 2) an able-bodied adult with no dependents should be working, not getting a free ride from their ex. 3) OP already said she makes less than 125% of the poverty line meaning she is probably barely supporting herself let alone anyone else. 4) She also said her husband DOES work, he is just lying about it.

1) Have you been divorced before? The Judge can indeed award alimony on short marriages but it could be limited based on time and they can call it temporary Spousal support.

2) I agree with you but that's wishful thinking. It's not also a free ride but a legal award from the court system.

3) The courts don't care. I can see you really don't know how the family court system works - count this as a blessing. The OP can be made to go into arrearage on delinquent payments, she can get her passprot/drivers license/professional license yanked, her credit record impacted, etc This is not a small thing.

4) This is a common allegation in family court, not saying OP is lying but OP will have to have unrefutable evidence.

That you think the court system is un biased is a positive for you but not reality.

Gowon aim on this thread is to give the OP a different view from someone that has "been there" and its just to prepare the OP for any potential outcome.

Edited September 17, 2012 by Gowon

[ceadsearc 516]

I'm just speaking as someone who has been through it in my state as I assume you are in yours. Yes, I have been divorced. It was a pain in the you-know-what that took the better part of 2 years. I am sure courts are biased but your statement that someone who is lying about working and trying to scam someone out of money "should" do this and that you are "proud" of them for it makes it look like you are the biased one. As for "the courts don't care" - yes, they do. Spouses job as well as whether the spouse can support themselves and even have money left over are both considered in determining alimony. Perhaps in your state it is different.

Regardless, this is neither here nor there. This has nothing to do with immigration which is the answer to the OP's question: chances are the I-864 won't affect alimony. If anything it could work in your favor but really, alimony is probably going to be a completely separate issue.

[del-2-5-2014 1,339]

I'm just speaking as someone who has been through it in my state as I assume you are in yours. Yes, I have been divorced. It was a pain in the you-know-what that took the better part of 2 years. I am sure courts are biased but your statement that someone who is lying about working and trying to scam someone out of money "should" do this and that you are "proud" of them for it makes it look like you are the biased one. As for "the courts don't care" - yes, they do. Spouses job as well as whether the spouse can support themselves and even have money left over are both considered in determining alimony. Perhaps in your state it is different.

Regardless, this is neither here nor there. This has nothing to do with immigration which is the answer to the OP's question: chances are the I-864 won't affect alimony. If anything it could work in your favor but really, alimony is probably going to be a completely separate issue.

Read the title of the thread again.

OPs Husband is not working and unless she can prove that he's working under the table (a common accusation in family court) then he's liable for support. We'll see what teh Judge says, all this is just conjecture.

Yes I am absolutely proud and unapologetic of anyone that is using the archaic family court system without backing down.

[Gary and Alla 3,694]

Hello!

My husband and I are going through divorce right now. I just received a paper from him requesting a trial for spousal support. He claims he didn't work for last year of our marriage (in reality he works in a hotel and lives there free and gets paid under the table). So I am wondering since he signed i-864 for me will I have to pay spousal support??? and does anyone know is it possible to obtain copy of i-864 from USCIS since i didn't save one....

I'm employed but I make less then 125% poverty guideline. Court also granted me a waiver for Court fees since I don't make much money...

The I-864 has nothing to do with spousal support or divorce. It is an agreement between your husband and the government that the government can confiscate money from him to repay any public benefits you receive. Period. It has no other function.

The contract is between your husband and the US Government for specific purposes, you are the beneficiary but NOT a party to the contract and would not be entitled to a copy of it. Not to say they wouldn't give you one, but it does you no good anyway.

Spousal support will be determined by if you make a lot more money than him. Spousal support is pretty rare in this country anymore.

[memlaura 60]

1) Have you been divorced before? The Judge can indeed award alimony on short marriages but it could be limited based on time and they can call it temporary Spousal support.

2) I agree with you but that's wishful thinking. It's not also a free ride but a legal award from the court system.

3) The courts don't care. I can see you really don't know how the family court system works - count this as a blessing. The OP can be made to go into arrearage on delinquent payments, she can get her passprot/drivers license/professional license yanked, her credit record impacted, etc This is not a small thing.

4) This is a common allegation in family court, not saying OP is lying but OP will have to have unrefutable evidence.

That you think the court system is un biased is a positive for you but not reality.

Gowon aim on this thread is to give the OP a different view from someone that has "been there" and its just to prepare the OP for any potential outcome.

Gowon your right they could make her pay spousal support if he proves she was the main support during the marriage. But you are also right that the courts will probably laugh him out of the court... The justice system in the US does have a biases when it comes to family law... The theory is the woman should have custody of kids and the man should pay support.... This is the old way of thinking and it is not always the right way,.., OP this is not necessarily true for your case since your hubby is lieing about his earnings but I saw how my son was treated when he was tring to get custody of his daughters he jumped thru all the hoops they asked him to and when he was done they questioned if it was a good idea to give him custody since he was a man. I flipped out... So find a lawyer and a way to prove he is working under the table... If he is living in a hotel and the rent there is free for his work that is income under IRS guidlines... do some research dont go down without a fight....

[del-2-5-2014 1,339]

Gowon your right they could make her pay spousal support if he proves she was the main support during the marriage. But you are also right that the courts will probably laugh him out of the court... The justice system in the US does have a biases when it comes to family law... The theory is the woman should have custody of kids and the man should pay support.... This is the old way of thinking and it is not always the right way,.., OP this is not necessarily true for your case since your hubby is lieing about his earnings but I saw how my son was treated when he was tring to get custody of his daughters he jumped thru all the hoops they asked him to and when he was done they questioned if it was a good idea to give him custody since he was a man. I flipped out... So find a lawyer and a way to prove he is working under the table... If he is living in a hotel and the rent there is free for his work that is income under IRS guidlines... do some research dont go down without a fight....

Excellent. As long as the OP knows all the angles so she can be prepared.

I know more than I care to know about family court/child custody in the state of Texas.

Anyhoos, I just ask the OP to think what's in the best interest of the child, if there are any. Not what some dude in a robe that has just seen your file for 15 minutes thinks.

[kaikeen 0]

Our marriage lasted two years, but we lived only one year together. No kids, no property. I went to Legal Aid and they told me the Judge will not order spousal support in such short marriage.

Edited September 20, 2012 by kaikeen

[del-2-5-2014 1,339]

Our marriage lasted two years, but we lived only one year together. No kids, no property. I went to Legal Aid and they told me the Judge will not order spousal support in such short marriage.

I have personal knowledge is temporary support ordered in such a situation.