DIVORCE PLUS FALLING BEHIND ON CHILD SUPPORT

[Gizzy666 1]

You own child support, she has her obligations under the I 864.

Strikes me as odd that her obligations to you can not be taken into account.

She does not work, She wouldnt be able to pay anything

[EM_Vandaveer 2,370]

Yes that is correct, Last year i earned $33,225 However as of july this year that company liquidated and had to close its doors, i found a new job and started within 3 weeks luckly however i am now earning a little bit over $28,000, The child support just got court ordered last month and they say it has to be based upon last years earnings. So i am still above NJ's poverty level but i am being hit with $512 per month in child support, plus $660 a month for medical insurance for me and my son, and after the first $250 each year i am responsible for 60% of any bills that the insurance wont cover.

I do not have any more money to give to the USCIS as i am literally robbing peter to pay paul right now, The onyl proofs i have are joint cell phone, bank, car insurance and a life insurance policy, all have since been terminated since 2014, early 2015

You don't have to pay USCIS more, your joint filing can be converted to a divorce waiver, but you don't seem to have sent much evidence. If you are sent an RFE or called for an interview, let USCIS know you are divorcing or if it's final, give them a copy of the divorce decree.

[Gizzy666 1]

I agree.

OP: Where you involved at all in this divorce?

Curious because you say you're under the 20025 mark, which means at the MOST (20024) you would make at the most you're making 1668$ a month. Take off the 660$ for child support and insurance, you're at about 1000$ a month.

You're paying almost 40% of your monthly earnings, MOST places would consider that too much unless you agree'd to this.

Did the judge know that it is her responsibility to make sure you don't fall below that federal poverty line? Was anything having to do with your immigration brought up in divorce proceedings?

Did you waive your rights to the divorce? If you did that, they can generally put what ever they want in the decree within reason, WITHOUT asking you if it's reaosnable or not.

I was the one who filed fo rthe divorce, she is waiting for her lawyer to get back to her to set up a court date, I do not have a lawyer, io cannot afford one, and $660 is for health insurance only my child support is then $512 on top. I have no idea what i am doing when it comes to the court systems and i dont get free legal representation as on paper i earn too much even though i dont see it

[Ash.1101 1,755]

I think it would be in your best interest to try to find a pro-bono lawyer. Just because a tax return said you made 33k last year, if you get laid off, that is NOT your current income. And any kind of month to month payment that you make that is based off current income, should be based off CURRENT earnings. Not earnings from last year.

If there is a chance for information discovery, you need to show the courts that you disagree with the current child support in the decree/that's being offered, and that you need it lowered because you were laid off and only make X money now. Show them proof you don't make as much as you did. 40% of your income before bills and taxes is a lot of take out from any person.


While you were the one who initiated the divorce, you need to be involved in it. You need to make it known she signed a I-864 to make sure you don't become a public charge. Don't just sit by and let her run the show, unless you waived your rights you have all right to be in the court room and in mediation. It seems like you're almost doing this to yourself, by agreeing to what is in the divorce decree. If you agree to too much and can't do it now, that is kind of your fault by not trying to fight back.



At the end of the day though. You need to focus on ROC proof, proof you married and it was legit. You don't have much and you may need more. I wouldn't worry about naturalizing and being behind on child support, if you can't prove you married in good faith, your problems of falling behind on CS and naturalization won't be top priority.

In this case, most people will say get a lawyer for the divorce, but you can't afford one. Talk to pro-bonos lawyers. I don't know what else you could do if you're agreeing to pay so much in CS when you can't.

Edited December 9, 2016 by Ash.1101

[Merrytooth 5,748]

I was the one who filed fo rthe divorce, she is waiting for her lawyer to get back to her to set up a court date, I do not have a lawyer, io cannot afford one, and $660 is for health insurance only my child support is then $512 on top. I have no idea what i am doing when it comes to the court systems and i dont get free legal representation as on paper i earn too much even though i dont see it

You should look into this for health insurance for your child.

http://www.njfamilycare.org/income.aspx

[Gizzy666 1]

I think it would be in your best interest to try to find a pro-bono lawyer. Just because a tax return said you made 33k last year, if you get laid off, that is NOT your current income. And any kind of month to month payment that you make that is based off current income, should be based off CURRENT earnings. Not earnings from last year.

If there is a chance for information discovery, you need to show the courts that you disagree with the current child support in the decree/that's being offered, and that you need it lowered because you were laid off and only make X money now. Show them proof you don't make as much as you did. 40% of your income before bills and taxes is a lot of take out from any person.

While you were the one who initiated the divorce, you need to be involved in it. It seems like you're almost doing this to yourself, by agreeing to what is in the divorce decree. If you agree to too much and can't do it now, that is kind of your fault by not trying to fight back.

At the end of the day though. You need to focus on ROC proof, proof you married and it was legit. You don't have much and you may need more. I wouldn't worry about naturalizing and being behind on child support, if you can't prove you married in good faith, your problems of falling behind on CS and naturalization won't be top priority.

In this case, most people will say get a lawyer for the divorce, but you can't afford one. Talk to pro-bonos lawyers. I don't know what else you could do if you're agreeing to pay so much in CS when you can't.

Thank you for you're straight up talk. It is appriciated.

I have no idea by what you mean Pro-bono?

The child support was filed separately to the divorce, We have not even had our first court date for divorce yet.

The child support she initiated before i even filed for divorce

The judge said this is what you have to pay each month, I didnt think i had a choice as i said i make less than that now and again i was hit with you can reassess it after tax season next year.... I do think i was taken for a ride probably my fault going into this alone. That is the only proof i have which is what i listed. nothing more at all, Maybe a couple of photgraphs from our wedding but hat was it.

Honestly, Would you be leaning more towards saying im looking at a denial over an approval?

[Gizzy666 1]

You should look into this for health insurance for your child.

http://www.njfamilycare.org/income.aspx

Ill call them in the morning!

If i can take out a policy just for my child without me being on it then that would work!

But myself i cannot go on as it states - Adults who are legal permanent residents of the US must have had that status for at least five years in order to be eligible for NJ FamilyCare.

[Merrytooth 5,748]

Ill call them in the morning!

If i can take out a policy just for my child without me being on it then that would work!

But myself i cannot go on as it states - Adults who are legal permanent residents of the US must have had that status for at least five years in order to be eligible for NJ FamilyCare.

Yes you are not eligible since you are not LPR for at least 5 years.

Your office health plan could very well be cheaper if the coverage is only for you, not including your child.

Your soon to be ex is not working, so she should be very possibly qualified for the NJ FamilyCare with your USC child.

I am not sure if she is trying to rip you off for the child health insurance and whatever 60% of the medical bills

[Ebunoluwa 6,136]

Thank you for you're straight up talk. It is appriciated.

I have no idea by what you mean Pro-bono?

The child support was filed separately to the divorce, We have not even had our first court date for divorce yet.

The child support she initiated before i even filed for divorce

The judge said this is what you have to pay each month, I didnt think i had a choice as i said i make less than that now and again i was hit with you can reassess it after tax season next year.... I do think i was taken for a ride probably my fault going into this alone. That is the only proof i have which is what i listed. nothing more at all, Maybe a couple of photgraphs from our wedding but hat was it.

Honestly, Would you be leaning more towards saying im looking at a denial over an approval?

Google pro bono lawyers in your area and see if you can get free consultations. She is taking you for a ride with that much child support

with the ratio to your income and you need legal assistance to lower it, it will benefit you in the long run, even if you have to make

some lower payments to the attorney.

I don't see any definite denial to the ROC issue.

Explain that you lived with your in laws and did not have utility bills, mortgage or lease.

Read over the ROC guide list and see if there is anything you have you may not be thinking about.

[Villanelle 4,121]

Hey guys, As the title states i am out of status and about to fall behind on child support.

Let me give you the full story and ill try and keep it as basic as possible

I came here in 2013 on a VWP to meet an internet friend, we ended up getting married i overstayed which the uscis forgave, we also have one son together who has just turned 2, about 4 months after my 2 year conditional greencard was approved we separated and i moved out. We have been apart ever since, However now we are filing for divorce and it will be complete before i have my interview (I-751?) which i know puts me out of status and the form i filed for removal of conditions void as we did it jointly, Right?

Secondly i have jsut been hit with a HUGE child support order, $512 per month plus medical insurance which i get from my place of employment which is $660 per month plus 60% of all medical bills. I know for a fact i will be falling behind on that within the next month as that far exceeds my outgoings and the courts will not re assess it due to it being based on previous years earnings. If i fall behind that also makes me ineligible for naturalization right?

Would it be worth waiting for the interview or just leave the country before they deny my application and deport me?

If anyone can give me more info that would be great.

NOT LOOKING FOR A LAWYER JUST FURTHER INSIGHT

p.s I can't even afford a lawyer LOL!!!

Gizzy-

You are in the lovely state of NEW JERSEY... I think a lot of the posters on here arent realizing the implications of that. Being a former resident I can tell you NJ operates on a completely different set of rules then the rest of the country. It has several lovely nicknames including the armpit of the US lol.

So you want some insight? Im going to give it to you- free of charge.

In NJ child support is calculated based on both parents earnings. They also have a clause about being unemployed or underemployed. Basically this means you cant pull the whole screw your babies momma by quitting your decent office job and taking on a part time job at McDonalds and living off your new girlfriend or parents or working under the table- and cry to the court, well I use to earn 50k but now Im at Micky Ds and I only earn 15k- so baby momma only gets 200 bucks a month cause thats all I earn sorry... Yeah- sorry to you bud. You are underemployed. Child support order stands at your old salary cause thats what you should be earning. Come back in a year or two and show that that is in fact what you can and are actually able to earn now and not some kind of scam and we will change it. But it will be changed in the future and never ever back dated...

Your only chance to get it lowered is to show MORE income on her side. IF you are paying her money or she has other UNDOCUMENTED income coming in- you need to have it documented so that the figures are recalculated. Thats about all you can do. If you have questions about this - feel free to ask and I can expand on it...

----

Anyway about ROC...

You seem to be saying you got your 2yr GC and then moved out 4 months later correct? You then filed a JOINT ROC application with your wife- correct again?

You mention being in the middle of the divorce- or rather you have NOT EVEN HAD YOUR FIRST COURT DATE YET. It can take a while to get a final decree.

So when did you file the ROC papers? Do you even have an interview date? Because your post opens with I am going to have my divorce before my interview... Um what interview? Do you have an interview scheduled or you are just assuming you are going to get one and its going to be after you are divorced???

Seems like you have a lot of speculation going on cause you have no idea of whats happening. So before I go on explaining things that may or may not be applicable why dont you provide the proper info needed.... I would love to help you sort things

[kzielu 1,147]

That is the problem, I really cannot afford to re-file the paperwork to remove conditions on my own that's another $625 i can't even afford my child support, And it is not due to me living beyond my means, I even voluntarily surrendered my car back to the dealership so i could free up $300 per month, I don't go out anywhere i literally work 12 hour days then go hoe to bed.

I have read that if i fall behind on child support it shows i am not a person of good moral character and that is pretty much a denial, Plus that with seperating from my ex within 4 months of getting my 2 year card... It cannot look good lol.

You are few years out before you are eligible for naturalization. I would not worry about it and focus how get things in order so you don't fall behind on child support.

[Ash.1101 1,755]

Gizzy-

You are in the lovely state of NEW JERSEY... I think a lot of the posters on here arent realizing the implications of that. Being a former resident I can tell you NJ operates on a completely different set of rules then the rest of the country. It has several lovely nicknames including the armpit of the US lol.

So you want some insight? Im going to give it to you- free of charge.

In NJ child support is calculated based on both parents earnings. They also have a clause about being unemployed or underemployed. Basically this means you cant pull the whole screw your babies momma by quitting your decent office job and taking on a part time job at McDonalds and living off your new girlfriend or parents or working under the table- and cry to the court, well I use to earn 50k but now Im at Micky Ds and I only earn 15k- so baby momma only gets 200 bucks a month cause thats all I earn sorry... Yeah- sorry to you bud. You are underemployed. Child support order stands at your old salary cause thats what you should be earning. Come back in a year or two and show that that is in fact what you can and are actually able to earn now and not some kind of scam and we will change it. But it will be changed in the future and never ever back dated...

Your only chance to get it lowered is to show MORE income on her side. IF you are paying her money or she has other UNDOCUMENTED income coming in- you need to have it documented so that the figures are recalculated. Thats about all you can do. If you have questions about this - feel free to ask and I can expand on it...

----

Anyway about ROC...

You seem to be saying you got your 2yr GC and then moved out 4 months later correct? You then filed a JOINT ROC application with your wife- correct again?

You mention being in the middle of the divorce- or rather you have NOT EVEN HAD YOUR FIRST COURT DATE YET. It can take a while to get a final decree.

So when did you file the ROC papers? Do you even have an interview date? Because your post opens with I am going to have my divorce before my interview... Um what interview? Do you have an interview scheduled or you are just assuming you are going to get one and its going to be after you are divorced???

Seems like you have a lot of speculation going on cause you have no idea of whats happening. So before I go on explaining things that may or may not be applicable why dont you provide the proper info needed.... I would love to help you sort things

I'm curious tho. What happens if he knows the mother doesn't plan on working? Is he expected just to compensate for her refusing to work?

That's insane NJ works like that, I always thought Texas was a pro-CS state, but that's extreme IMO. I know if this was like say my dad, he was making 3 figures as being part of the international oil field, that crashed last year and now he works as an assistant manager at a farming tractor company making 50-60k less than he was before. Prospects of getting back into the oil field to make that kind of money just wouldn't happen right now. I can't imagine how screwed those are that are in those kind of situations with kids and child support! =O

[Taaz 6]

​Only because had to translate for a friend in NJ they are the rudest Child Support program ever. They don't provide translation services until you give all the information which the poor person could not understand the questions and I tried to help but they said they needed his permission. All I can say is ARGH!!!

​As for the OP maybe you are being underpaid for your skills but lets be realistic there are people out there with graduate degrees working at fast food place because they can't find jobs in their fields. It's also very common that when one is laid off with unemployment benefits they expect you to take the first job offered minimum wage or not. I would just take everything in and show your current wages since you have not had your first hearing you possibly can get it adjusted before the divorce is final. After taxes the child support and medical insurance payments that sounds like half your income.

​Regarding your child support payments you have to be several thousands of dollars in arrears or not paid for like a year or more before you can have trouble because the State can get your state or federal tax returns until paid in full. They will try to arrange a payment plan or garnish you wages before they would ever pursue additional legal action. So do the best you can and see if it can be adjusted in the final divorce decree. They don't take legal action or put a parent in jail unless its a large amount, parent never or rarely follows their agreement, or a repeat offender.

Wishing you the best of luck in your circumstances.

[Lemonslice 4,555]

I'm curious tho. What happens if he knows the mother doesn't plan on working? Is he expected just to compensate for her refusing to work?

That's insane NJ works like that, I always thought Texas was a pro-CS state, but that's extreme IMO. I know if this was like say my dad, he was making 3 figures as being part of the international oil field, that crashed last year and now he works as an assistant manager at a farming tractor company making 50-60k less than he was before. Prospects of getting back into the oil field to make that kind of money just wouldn't happen right now. I can't imagine how screwed those are that are in those kind of situations with kids and child support! =O

It is similar in Mass - good article about it: http://www.bostonmagazine.com/2009/06/alimony-laws/2/

I have teased my husband that I wish I had known before that I would get such a great deal in alimony [which is ridiculous because we both have very similar and totally self-sufficient incomes / we actually keep our finances separate]

OP - I feel you need some legal assistance [for the divorce certainly, for the immigration, maybe].

[Villanelle 4,121]

I'm curious tho. What happens if he knows the mother doesn't plan on working? Is he expected just to compensate for her refusing to work?

That's insane NJ works like that, I always thought Texas was a pro-CS state, but that's extreme IMO. I know if this was like say my dad, he was making 3 figures as being part of the international oil field, that crashed last year and now he works as an assistant manager at a farming tractor company making 50-60k less than he was before. Prospects of getting back into the oil field to make that kind of money just wouldn't happen right now. I can't imagine how screwed those are that are in those kind of situations with kids and child support! =O

Well its complicated. Most places look at child support the same way- (NJ just has a strong enforcement of the underemployment clause) When you look at child support they look at the parents as if they are still a household providing for the child. So if mother remarries it doesnt matter. Mother can be supported by new husband and new husbands income doesnt count- which Ive always found odd. It tends to put more of a burden on the father side cause men typically are the higher earners in the family unit and if they remarry and their wife doesnt work and raises their kids well...

But anyway looking at just the child and the two bio parents as a family unit even though its a broken unit, its still a unit; they only count the income of the people in the unit and not other people who may be attached to them. Each bio parent in the unit is responsible for a percentage of the childs support. Your percentage is calculated based upon the total amount of income you guys as a couple (even though your not anymore or maybe never were- but you are considered a couple as in the bio parent couple) so the income the bio parents have or should have. So they take your joint income and deduct certain things and add certain things and then assign you your percentage of it.

So its not really seen as a who is compensating whom. Its more like you guys jointly are poorer since only one party has income and the other is the caregiver rather then both working.

As a stay at home mom- she may not have any income. If she is the custodial parent she may not be expected to have any income. And thats fine. She wouldnt be considered "unemployed" or underemployed ironically because she is the caregiver- so thats her job....

NJ is the oddest state when it comes to child support. There is a case where a step parent had to pay child support because he took such as active role in playing dad the court said well now you get to pay child support!

You also get to pay child support until AGE 23 if your kid goes to college! or any kind of extended schooling!

They also allow for what they call EXTRAS and OTHER EXPENSES like when your kids turn of driving age and your ins premiums go up? You can ask for more child support to offset the cost!!! I am not kidding...

Your child has a long term goal? Wants violin lessons or hockey lessons? Request more child support to pay for it. In NJ its not only fair its expected the other parent contributes to the childs future enrichment and development.