Child support nightmare.

[SalishSea 16,770]

3 hours ago, AmandaandChayne said:

Name changes for me and an overlapping relationship. We started dating when he was separated. Nothing else no convictions no red flagged jobs no medical issues. Nothing 

 

He spoke to human services.

My fiancé has now spoken to his lawyer and it won’t be going federal. Proof should all be sorted by next week. 

I don't think overlapping relationships are a red flag in Western countries.  Divorces take two years to be final in NZ.  We started our relationship before my husband's was final.  How much time elapsed between your divorces being final, and filing?  We had ~ 9 months buffer.

[Shiran 1,134]

2 hours ago, AmandaandChayne said:

Yes and no 221g.

guessing it’s buckle up and brace myself for a months long wait with the name checks. I changed to non immigrant on January 30th after being in immigrant ap since January 11th. Had a case last updated date change on Feb 13th.

The fact that it changed to non-immigrant to me means it is just some internal consulate processes and bureaucracy gumming up the works and not anything to do with the other things. Maybe it's brexit/eu relationships, maybe something else but internal. Hopefully issued soon!

[elmcitymaven 9,711]

5 hours ago, payxibka said:

Never say never as there is typically always an exception, but in this case it does not appear to have risen to that level as the states are required to handle it locally until they have exhausted all remedies.

 

18 U.S.C. § 228- Failure to pay legal child support obligations

          Section 228 of Title 18, United States Code, makes it illegal for an individual to willfully fail to pay child support in certain circumstances.

          For one, an individual is subject to federal prosecution if he or she willfully fails to pay child support that has been ordered by a court for a child who lives in another state, or if the payment is past due for longer than 1 year or exceeds the amount of $5,000.  A violation of this law is a criminal misdemeanor, and convicted offender face fines and up to 6 months in prison (See 18 U.S.C. § 228(a)(1)).

          If, under the same circumstances, the child support payment is overdue for longer than 2 years, or the amount exceeds $10,000, the violation is a criminal felony, and convicted offenders face fines and up to 2 years in prison (See 18 U.S.C.§ 228(a)(3)).

          Lastly, this statute prohibits individuals obligated to pay child support from crossing state lines or fleeing the country with the intent to avoid paying child support that has either been past due for more than 1 year or exceeds $5,000. (See 18 U.S.C. § 228(a)(2)).  Any individual convicted of this crime may face up to 2 years in prison.

          Notably, other than in the specific circumstances aforementioned, child support enforcement issues are handled by state and local authorities, and not by the federal government.  Furthermore, all child support enforcement matters must be addressed at the local or state level before concerns can be raised at the federal level.

There's also the problem of subject matter jurisdiction -- since the former spouses are citizens of the same state, even if the amount in controversy exceeded $75,000 (which we do not know), a federal court CAN'T hear this case. There's no federal question that arises, even though 18 U.S.C. § 228 is out there, and even if it were cited in any claim brought before the court (which again we do not know), because the children are located in the same state and the statute requires them to be out of state. It's not even a matter of exhausting remedies -- it's only applicable if dad is in one state and the kids are in another with mom.

 

Since there's no subject matter jurisdiction for a federal court, this can't be heard there. It's a state matter. (I write this as I am literally revising federal civil procedure notes for the bar exam next week and I have been thinking way too much about subject matter jurisdiction than is healthy for anyone.)

[JFH 12,189]

2 hours ago, Jorgedig said:

I don't think overlapping relationships are a red flag in Western countries.  Divorces take two years to be final in NZ.  We started our relationship before my husband's was final.  How much time elapsed between your divorces being final, and filing?  We had ~ 9 months buffer.

I concur. Overlapping relationships are definitely not an issue for London. I was still legally married when I met my husband. We were married 13 months after my divorce was finalized. 

[TBoneTX 43,058]

A post apparently volunteering someone else's personal information has been removed.  Do NOT repeat this action, ever.

[CEE53147 559]

16 hours ago, AmandaandChayne said:

Facts: 

1. my fiancé shares custody of his children.

2. He pays maximum child support each month and has never missed a payment.

 

His ex does not work and is a money hungry person.

She contacted human services to get more child support than he pays her ($4k a month)  so she says but what has actually happened is they’ve raised a federal case against him for NON payment without verifying her claim.

After speaking to them he now has to prove he has paid her since their divorce and now a case has been opened he cannot get it closed and will have to pay them for them to pay her every month. Case was opened January 20th balance on his “account” yet to be verified.

Before anyone asks i know for sure he pays her each month I have a joint account with him the money goes out of.

Im stuck in additional administrative processing post interview on day 41.

could this get me denied?

 

Do NOT disparage the mother of your fiance's children.  It will not serve him well in the dealings with the courts, her, and the children. 

 

She is entitled to file for support and have it calculated.  When there are past issues with getting credit for payments, it is best to go through the state for payments. If he is paying $4K per month, he could have a significant balance due.

 

You also need to know that if you have children with him, their financial support will NOT reduce what his first family will receive in most states. Expect to have to provide a lot of the money in the family or learn to live frugally.

 

It is also in you best interests to keep your finances separate as money in joint accounts can be attached even if you were the source of the funds.

[AmandaandChayne 734]

9 minutes ago, CEE53147 said:

 

Do NOT disparage the mother of your fiance's children.  It will not serve him well in the dealings with the courts, her, and the children. 

 

She is entitled to file for support and have it calculated.  When there are past issues with getting credit for payments, it is best to go through the state for payments. If he is paying $4K per month, he could have a significant balance due.

 

You also need to know that if you have children with him, their financial support will NOT reduce what his first family will receive in most states. Expect to have to provide a lot of the money in the family or learn to live frugally.

 

It is also in you best interests to keep your finances separate as money in joint accounts can be attached even if you were the source of the funds.

Thank you for comments however this wasn’t what I was asking. 

I have my answer thank you all for your contributions 

[CEE53147 559]

6 hours ago, AmandaandChayne said:

Thank you for comments however this wasn’t what I was asking. 

I have my answer thank you all for your contributions 

 

Another point ... If there are arrears, the legally permitted percentage of income can be quite large.

 

I am concerned that you have pointed out joint bank accounts.  This places your contributions at risk.  You really need to review your financial plans with a professional.

[TBoneTX 43,058]

Thread is closed at OP's request.