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DavidTx

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Posts posted by DavidTx

  1. Part 6 question 2 is total income from any source(wages, pension, child support, alimony, gifts etc) All of this combined. They would be supported by letter from employer, current pay stubs, child support order etc.

    Part 6 question 19 is only adjusted gross income as reported on your tax forms for those years. I used the amount from the 1040, I also did not file 1040ez. I believe that number would be the same on either form, the longer form just allows for more disclosure if you have additional expenses/non-standard deductions etc.

  2. I appreciate your comments. Guess I need to clarify a few things. I understand all the issues of culture shock, away from family etc. But she has bee inflexible on a variety of issues. Whether she is from Brazil, China, the USA or the Moon, this is what has led to this impass. I certainly understand it takes two to tango, but she has not taken the steps to try and be committed to living here. Her only thought is how fast she can return to Brazil. We had discussed moving there in 5 or 6 years. But now she is stating she is leaving with "her" child. It is only mine when she talks about me paying for things since if she returns she is not working and has no helalth plan. She is clear that she is leaving and I have no say in the matter. And realistically, with her BS, I really have no problem if she leaves now.

    As harsh as I know it is, my issue now is extracting myself from this with the least financial damage. While she wants her independent life in Brazil, I must continue here. Giving her 15-20% of my salary is the golden ticket when compared to the cost of living in Brazil. I have no problem being "fair", but I do not think I will see that word pop up very often over the next few months.

    You are correct, her LPR is due 10/2007, not her AOS. Sorry, wrong terminology. So my question was regarding her behavior, whether she leaves now or it flares up again in a couple of months, am I better not filing for the LPR? Even if she stays through the birth, next time she visits and tries to return, no visa...........part of the problem solved.

    Bottom line is I do not want to pay child support for the next 18 years to her in Brazil when I will never see this child. When I talk about obtaining custody, it is where I have "legal custody", hence no child support, but clearly she would have possession.

    Thinking out loud, just trying not to get burned like a french fry.

  3. I have a complicated situation and could use any information you all might have. I married my wife in Brazil in 6/05. She entered the US on her spousal visa 10/05, We had a second marriage here in 06/06.

    She is 3 months pregnant, unhappy and threatening to leave and go to back to Brazil.....now. Before the baby is born.

    My questions are as folllows:

    1) How to proceed with a divorce....here, there or both. Does one supercede the other?

    2) If she files in Brazil, am I bound to any judgements, ie child support from a Brazilian court?

    3) If I file here, and she is already in Brazil, would I have to pay child support to her in Brazil? Or would a better strategy be for me to file for custody here? Any points in my favor the child could be a US citizen and she is taking it to Brazil? How is she served the divorce papers (am I required to serve her in Brazil?0, how does she file responses, appear, in court here to counter my custody request etc? Bottom line, if she is not here, can she fight me effectivley in court? Her AOS is due 10/07, which means we must file in june. If she is in Brazil and her visa expires, I would think she could not return. Does this help me in court here?

    She has basically told me it is her kid and she will have it in Brazil. I need any strategies/thoughts for mitigating the damage and understanding my commitment for a child I will probably never see again..

    Thanks in advance for your input and or experience.

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