K1 & Child Support

[AshleyM 9]

Hello everyone,

 

I have a rather sensitive question. My fiance (Ecuador) filed for the k1 visa back in October. He has two children (10 &12) and has not had a relationship with their mother for many years now. He was paying his child support regularly until coronavirus hit and he lost his job. She has since been quite aggressive in regards to him paying money. He owes about $1500 in backed child support and this morning she had him arrested. He is currently sitting in jail in Ecuador and if he does not pay at least $1,000 he could potentially have to be there for 60-90 days. I need to know if it is time that we got  lawyer? I have known my fiance and his family for about 10 years and I do not foresee any problems with our visa paperwork besides this child support situation. I have no children and I do not know my way around Ecuadorian law or child support as it relates to the K1 visa. 

 

Any and all advice is welcomed. If we do not have to find 5k+ for a lawyer, it would be nice but I worry about something going wrong with our case because of this very messy situation.

 

Thanks,

Ashley

[payxibka 10,045]

Sounds like the 1,500 is less than the cost of a lawyer 

[Crazy Cat 41,981]

I would say his current legal issues (and the $1500) in Ecuador demand attention before worrying about the effect on his K-1 case.  Do they confiscate passports there for non-payment of child support there?

Edited March 16, 2021 by Lucky Cat

[aaron2020 11,651]

Why are you contemplating paying $5000 to a lawyer to fight his arrest for not paying child support when paying $1500 would fulfill his obligations to his children?  Wouldn't it be cheaper and better to pay his child support?

 

[joe and karol 15]

I'm confused as to why they tossed him into jail if he doesn't have the means to make payment due to covid.  Wouldn't that defeat the purpose of earning money?  If he doesn't have the means to pay it now, how will it pay it from jail?    You are also punishing the kids from not seeing their father if they have a relationship.

 

 

Edited March 16, 2021 by joe and karol

[Crazy Cat 41,981]

3 minutes ago, joe and karol said:

I'm confused as to why they tossed him into jail if he doesn't have the means to make payment due to covid.  Wouldn't that defeat the purpose of earning money?  If he doesn't have the means to pay it now, how will it pay it from jail?  

What would you do if they jailed you for not paying $1500?  You would look to every resource available to get/borrow the money, correct?  It's called leverage.

Edited March 16, 2021 by Lucky Cat

[joe and karol 15]

2 minutes ago, Lucky Cat said:

What would you do if they jailed you for not paying $1500?  You would look to every resource available to get/borrow the money, correct?

not if I don't have it.  Serve the time, and be in the exact same situation.  Waste of time.   Still don't have the money.  What did put me in jail accomplish but waste time from me searching for a job?  Incarceration doesn't make jobs magically appear out the sky.  

Edited March 16, 2021 by joe and karol

[Crazy Cat 41,981]

4 minutes ago, joe and karol said:

not if I don't have it.  Serve the time, and be in the exact same situation.  Waste of time.   Still don't have the money.  What did put me in jail accomplish but waste time from me searching for a job?

A stint in jail might "help" you to "find" the money or a source from which to borrow it....or persuade you to find a job afterwards.

Edited March 16, 2021 by Lucky Cat

[Adventine 3,201]

1 minute ago, joe and karol said:

not if I don't have it.  Serve the time, and be in the exact same situation.  Waste of time.   Still don't have the money.  What did put me in jail accomplish but waste time from me searching for a job?

 

This is where friends and family loans would come in. 

 

I agree that it's best to find a way to pay the child support and resolve the domestic legal issues in Ecuador instead of spending money on a lawyer.  

[joe and karol 15]

4 minutes ago, Lucky Cat said:

A stint in jail might "help" you to "find" the money or a source to borrow it....or persuade you to find a job afterwards.

For a deadbeat but if he has a legitimate excuse such as loss of job due to covid, the judge should encourage a job search and regulate that search with resumes and applications, check ins, etc.  One could argue that forcing someone to find money quickly encourages to find jobs that are not legal, per say.  Jail shouldn't be the first option.  

Edited March 16, 2021 by joe and karol

[Crazy Cat 41,981]

15 minutes ago, joe and karol said:

Jail shouldn't be the first option. 

Maybe it wasn't.  Anyway, I think the priority, at this point, is meeting the current legal obligations to get out of jail.  I would also work on a plan to convince the judge that his legal obligations can be met after exiting the country.

[AshleyM 9]

51 minutes ago, aaron2020 said:

Why are you contemplating paying $5000 to a lawyer to fight his arrest for not paying child support when paying $1500 would fulfill his obligations to his children?  Wouldn't it be cheaper and better to pay his child support?

 

I was referring to how much it would cost an immigration attorney for the k1, not to fight his arrest. I am assuming an immagration attorney is around 5K including AOS and such.

[Crazy Cat 41,981]

1 minute ago, AshleyM said:

I was referring to how much it would cost an immigration attorney for the k1, not to fight his arrest. I am assuming an immagration attorney is around 5K including AOS and such.

I see no reason to find an immigration attorney at this point.  I would deal with the pressing issues.

[AshleyM 9]

48 minutes ago, joe and karol said:

I'm confused as to why they tossed him into jail if he doesn't have the means to make payment due to covid.  Wouldn't that defeat the purpose of earning money?  If he doesn't have the means to pay it now, how will it pay it from jail?    You are also punishing the kids from not seeing their father if they have a relationship.

 

 

Exactly. I totally agree. According to his mother, there is no reasoning with the mother of his children. The few interactions I have had with the mother of this children have been quite unpleasant. I cannot believe countries can do this but I have seen first hand Ecuadorian law doing some shady things, so this situation isn't impossible. I also believe she may be this aggressive because she knows I am American.

[Crazy Cat 41,981]

7 minutes ago, AshleyM said:

Exactly. I totally agree. According to his mother, there is no reasoning with the mother of his children. The few interactions I have had with the mother of this children have been quite unpleasant. I cannot believe countries can do this but I have seen first hand Ecuadorian law doing some shady things, so this situation isn't impossible. I also believe she may be this aggressive because she knows I am American.

State laws allow this here, too.

 

https://www.divorcemag.com/articles/12-things-you-should-know-about-failing-to-pay-child-support-in-texas#:~:text=Under Texas law%2C a judge,order to pay child support.&text=A state jail felony is,and a maximum %2410%2C000 fine.

 

"Under Texas law, a judge can find you in contempt of court and place you in jail for up to six months for not following a court order to pay child support. ... A state jail felony is punishable by up to six months to two years in a state jail facility and a maximum $10,000 fine."

Edited March 16, 2021 by Lucky Cat