Divorcing after removing conditions

[acrossoceans 8]

I am a US citizen and currently going to be applying for divorce. My husband just got notice they are issuing his new green card as condition removed. So I need a special lawyer for divorce? We live in a 50/50 community property state but I signed as the sponsor to get him here, does this mean that I'm only liable? We have a child together and I'm the custodial parent, will he have to pay child support? He's got plenty money to survive. More than me actually. He's not and has not disclosed all his income to me. 

[SalishSea 17,928]

His immigration status is totally separate from whatever the final terms of the divorce will be.  The binding contract of the I-864 is between you and the US government, and it relates to reimbursement to the government if your husband seeks and is given means-tested benefits.  This contract is valid until he has 40 quarters of work, becomes a citizen, dies, or leaves the US permanently.  From your post, it does not sound like this is the present situation.

 

Child support, spousal support, child parenting plan, division of assets etc can either be decided amicably, or via the courts.  None of those things are impacted by immigration.  You both have parental rights and responsibilities.  

 

Either way, you both probably need lawyers to ensure your best interests for the divorce are looked after.  The type of lawyer you need is one who specializes in divorce.  Alternatively, some couples are able to accomplish their divorce in less confrontational ways, such as through the use of a mediator.

 

'Community property' refers to property and assets that were acquired after the marriage took place, even if one spouse was the primary earner.  If you had property or assets prior to the marriage, those could be deemed your separate property.

 

Edited to add:  It doesn't matter if he discloses his income to you willingly.  His income is discoverable via the court system. 

 

Best of luck.

Edited September 15, 2020 by Jorgedig

[acrossoceans 8]

6 minutes ago, Jorgedig said:

His immigration status is totally separate from whatever the final terms of the divorce will be.  The binding contract of the I-864 is between you and the US government, and it relates to reimbursement to the government if your husband seeks and is given means-tested benefits.  This contract is valid until he has 40 quarters of work, becomes a citizen, dies, or leaves the US permanently.  From your post, it does not sound like this is the present situation.

 

Child support, spousal support, child parenting plan, division of assets etc can either be decided amicably, or via the courts.  None of those things are impacted by immigration.  You both have parental rights and responsibilities.  

 

Either way, you both probably need lawyers to ensure your best interests for the divorce are looked after.  The type of lawyer you need is one who specializes in divorce.  Alternatively, some couples are able to accomplish their divorce in less confrontational ways, such as through the use of a mediator.

 

'Community property' refers to property and assets that were acquired after the marriage took place, even if one spouse was the primary earner.  If you had property or assets prior to the marriage, those could be deemed your separate property.

 

Edited to add:  It doesn't matter if he discloses his income to you willingly.  His income is discoverable via the court system. 

 

Best of luck.

Thank you for your advice that's good to know. Unfortunately he's not willing to work on a decent parenting plan so I'm not pressing it individually and will just need to file and get a lawyer although that's gonna be spendy. I'm also worried about taxes we've filed coz I didn't have this knowledge to file that income... 

[HRQX 4,145]

11 minutes ago, Jorgedig said:

His immigration status is totally separate from whatever the final terms of the divorce will be.

The noncitizen is a third-party beneficiary with respect to the promise of support made by the sponsor to the U.S. Government. In some jurisdictions, the judge takes into account the I-864 for alimony issue.

 

Also: https://www.uscis.gov/sites/default/files/document/forms/i-864-pc.pdf "If you do not provide sufficient support to the person who becomes a lawful permanent resident based on a Form I-864 that you signed, that person may sue you for this support."

Edited September 15, 2020 by HRQX

[SalishSea 17,928]

Just now, acrossoceans said:

Thank you for your advice that's good to know. Unfortunately he's not willing to work on a decent parenting plan so I'm not pressing it individually and will just need to file and get a lawyer although that's gonna be spendy. I'm also worried about taxes we've filed coz I didn't have this knowledge to file that income... 

I'd say, don't worry about the taxes at this point.  

 

Definitely find a great lawyer.  Yes, they are spendy, but......depending on his financial picture vs. yours, you could even ask for him to pay all or part of your legal fees.

 

Is he challenging you on custody/parenting plan, or not wanting to pay support for his child?  

[SalishSea 17,928]

Just now, HRQX said:

The noncitizen is a third-party beneficiary with respect to the promise of support made by the sponsor to the U.S. Government. In some jurisdictions, the judges that into account I-864 in the matter of alimony.

 

Also: https://www.uscis.gov/sites/default/files/document/forms/i-864-pc.pdf "If you do not provide sufficient support to the person who becomes a lawful permanent resident based on a Form I-864 that you signed, that person may sue you for this support."

Alimony in Washington state is generally based on length of marriage, along with other parameters. And I can't see a family court here dismissing a solvent immigrant's responsibility to financially care for his child.

[acrossoceans 8]

Just now, Jorgedig said:

I'd say, don't worry about the taxes at this point.  

 

Definitely find a great lawyer.  Yes, they are spendy, but......depending on his financial picture vs. yours, you could even ask for him to pay all or part of your legal fees.

 

Is he challenging you on custody/parenting plan, or not wanting to pay support for his child?  

Currently we have a "parenting plan" he sees our son and my two daughters Monday, Thursday, and Saturday for two hours at a time. And takes our son every other Thursday night and takes him to daycare. We both work Monday thru Friday. He also does doordash coz he went out and bought a 30k car the day after I kicked him out.. I suggested him taking our son every other Friday /Saturday overnight, he flipped. Said I'm controlling, that's the busiest times to do doordash but didn't suggest anything else. He also flipped when I first suggested him actually take him overnight Thursday. I have them full time otherwise. He currently is helping with some child support but not the full amount. But come to find out he's had 13k income in the last 3 months from who knows where but says he doesn't have any and can't keep him over the weekend coz he needs to pay rent etc. 

[SalishSea 17,928]

Just now, acrossoceans said:

Currently we have a "parenting plan" he sees our son and my two daughters Monday, Thursday, and Saturday for two hours at a time. And takes our son every other Thursday night and takes him to daycare. We both work Monday thru Friday. He also does doordash coz he went out and bought a 30k car the day after I kicked him out.. I suggested him taking our son every other Friday /Saturday overnight, he flipped. Said I'm controlling, that's the busiest times to do doordash but didn't suggest anything else. He also flipped when I first suggested him actually take him overnight Thursday. I have them full time otherwise. He currently is helping with some child support but not the full amount. But come to find out he's had 13k income in the last 3 months from who knows where but says he doesn't have any and can't keep him over the weekend coz he needs to pay rent etc. 

Well, the Washington State child support tables are pretty straightforward.  If he isn't paying the full amount, it can be garnished.  Parents do not get to choose how much of their child's care they contribute to.  There are also credits that can be added/deducted based on residential time.  For example, my ex and I had a 60/40 split on residential time, so he got a credit on child support.  In your case, you should receive the 'credit' since the financial burden of the residential parent is greater.

 

Get a lawyer, girl  

[acrossoceans 8]

10 minutes ago, Jorgedig said:

Well, the Washington State child support tables are pretty straightforward.  If he isn't paying the full amount, it can be garnished.  Parents do not get to choose how much of their child's care they contribute to.  There are also credits that can be added/deducted based on residential time.  For example, my ex and I had a 60/40 split on residential time, so he got a credit on child support.  In your case, you should receive the 'credit' since the financial burden of the residential parent is greater.

 

Get a lawyer, girl  

Thank you will do. 

[HRQX 4,145]

1 hour ago, Jorgedig said:

Alimony in Washington state is generally based on length of marriage, along with other parameters.

Yup, I should have requested "Desktop site" from my Chrome mobile browser to have seen OP's state. The most a WA judge could do with I-864 is to take it into consideration as a "non-statuatory factor" for maintenance award. A trial court cannot rely solely on a "non-statutory factor" in making a maintenance determination without also fairly considering the statutory factors. If the noncitizen's income situation significantly worsens in the future, the noncitizen isn't precluded from seeking enforcement of I-864 through a separate action in federal or state court.

Edited September 15, 2020 by HRQX

[Wouter 143]

One thing you may point out to your (soon to be ex) husband to consider is that if he eventually wants to apply for US citizenship, proper and timely payment of child support is one of the criteria.

[Orangesapples 1,954]

10 hours ago, acrossoceans said:

Currently we have a "parenting plan" he sees our son and my two daughters Monday, Thursday, and Saturday for two hours at a time. And takes our son every other Thursday night and takes him to daycare. We both work Monday thru Friday. He also does doordash coz he went out and bought a 30k car the day after I kicked him out.. I suggested him taking our son every other Friday /Saturday overnight, he flipped. Said I'm controlling, that's the busiest times to do doordash but didn't suggest anything else. He also flipped when I first suggested him actually take him overnight Thursday. I have them full time otherwise. He currently is helping with some child support but not the full amount. But come to find out he's had 13k income in the last 3 months from who knows where but says he doesn't have any and can't keep him over the weekend coz he needs to pay rent etc. 

Your issue is mostly a family court issue, not an immigration one. 

[acrossoceans 8]

12 minutes ago, Orangesapples said:

Your issue is mostly a family court issue, not an immigration one. 

I was concerned because I sponsored him here and we have debt together. Plus he went out and got that car while married. Wasn't sure if I need a particular lawyer or what. It's all so overwhelming 

[JFH 12,190]

52 minutes ago, Wouter said:

One thing you may point out to your (soon to be ex) husband to consider is that if he eventually wants to apply for US citizenship, proper and timely payment of child support is one of the criteria.

And his citizenship acquisition will terminate the OP’s obligation under the I-864. So that’s another reason to hope and pray that he applies for citizenship as soon as he is eligible. 

[Orangesapples 1,954]

14 minutes ago, acrossoceans said:

I was concerned because I sponsored him here and we have debt together. Plus he went out and got that car while married. Wasn't sure if I need a particular lawyer or what. It's all so overwhelming 

Yes, it's understandable. But since he is a permanent resident and he obviously makes good money, his immigration status is not that relevant unless he commits a crime and gets deported which doesn't seem likely. You can certainly go for your part of the joint marital assets, it makes little difference if he's an immigrant or not.