CHILD SUPPORT - ALIMONY?

[macman]

For the sake of Pete. . . Someone share with us all the actuallity of being "strapped" on an extended level with child/spousal support for a short term marriage.

Curious brain cells want to know!


c ya.
mm

[William3rd]

Handled by each state in family court. Child support for a step child- none unless you adopted. Child support for a child of the Union is 100%.

Spousal support is also a family court issue. depends on the laws of your state of residence.

[macman]

Which seems fair Wx3 (to a certain extent). . .  We uphold the matrimonial laws of the state in which we abide. GUYS, learn the laws of your respective states! - 2 yrs of bliss w/ many more years of potential unhappiness, sadness, sorrow, grief, woe, misery or depression while paying funds. . .

William (Bill), you had a prior foreign marriage. . .  was there spousal support?


mM

[William3rd]

Yes- CA case law provides for support equal to 1/2 the length of the marriage and the marriage was over 4 years duration. A long term marraige may result in lifetime support depending on need.

However, temporary support can be granted in some states that may exceed that.

[BillyB]

macman,

When marrying an immigrant, one is most likely to pay more spousal maintenance than if he were to marry a domestic woman.  Judges in family court are allowed a lot of discretion when it comes to making a ruling. Because your immigrant wife is not very employable and because she's new to the country and can't speak English very well although she may be fluent outside of court, the judge will recognize she has special needs for spousal support for a long time until she could take care of herself. Even if you were in a short marriage, you could be hooked for a long time. Besides the fact you sign an affidavit of support, if he could help it, no judge is going to make the taxpayers support, on welfare, your mistake. Choose wisely.

 I told my ex wife's attorney I suspect the judge favors womenbased on his rulings. She said all judges favor women and she alway recommends to her male clients to settle instead of going to trial. It almost doesn't pay to get married anymore but I know if a guy finds the right woman, it is worth being married.

Edit to add: If for some reason the judge is restricted by law to only give a certain amount of spousal support based on length of marriage, he may give your ex all home funishings and a big slice of your assets to make up the difference.

[DKMM]

*ahem* always go for alimony over child support.  ALWAYS!

[William3rd]

Hey guys- instead of reading the material here, some of which is not on point with general family law principles do the following-

MAKE AN APPOINTMENT WITH A FAMILY LAW ATTORNEY IN YOUR STATE!!! PAY for a consultation and ASK the questions,

BTW- the family law judges in my local courts are not pro woman, they are pro-child, pro-rehabilitation of non-working spouses, and pro-equal division of community property.

[macman]

Wx3, I do agree - it's wise to consult a local attorney!  BillyB, thanks for the info OM. . .  Originally, I made the initial post from a meeting with an individual (I shared within another thread) that told me specifically -> The INS has requirments regarding spousal support <- from his own experience. . .

I invited him to the RWD board.  I'd like to hear from him as he is already enternaining remarriage with another RW.

later.
mm

[William3rd]

The I864 has issues regarding the reimbursement of government entities for the use of means tested benefits by sponsored aliens. Some family courts, based on arguments by attorneys. have found that the I864 somehow provides for a minimum support level. Some of these cases are on appeal. . . .

The appropriate reading of the document says that if the alien beneficiary draws benefits such as food stamps, medical, sponsored housing and the like, the US citizen petitioner is liable to reimburse the government for those expenses for a period of up to 10 years from the execution of the document or until the alien becomes a USC, dies, or leaves.

[ConnerVT]

Isn't it after 40 working quarters, where a minimum threshold of taxable income was earned by the immigrant?  Can last more than 10 years...

[macman]

THIS IS GOOD STUFF AND PRECISELY THE REASON FOR THE INITIAL POST.  I sincerely believe that "we" who chose to explore the FSU or any foreign country for a mate, must be educated with all the ramifications therein!  Support ordered by the INS for up to 10 years. . . good grief.

[catzenmouse]

All this comes back down to what is preached over and over again. Get to know the lady. Learn about her and her culture. See her in her natural environment. Etc. etc. etc.

Folks here sometimes wonder why it is that the OMB's keep harping on the same things. After they've seen the same attitudes and behaviors a few dozen times that lead up to the same nasty train wreck they can pretty often guess the outcome when someone starts up again following that same path.

If a newbie can learn just one thing here I hope that it will be that they ARE NOT different from those other guys, they ARE NOT immune, they ARE NOT smarter, they ARE NOT the king stud the agencies make them out to be. They are more often than not just meat. Whether they get cooked to perfection or burnt to a crisp is entirely up to how much they pay attention.

Ken

[BC]

If a newbie can learn just one thing here I hope that it will be that they ARE NOT different from those other guys, they ARE NOT immune, they ARE NOT smarter, they ARE NOT the king stud the agencies make them out to be. They are more often than not just meat. Whether they get cooked to perfection or burnt to a crisp is entirely up to how much they pay attention.

Ken

I'd much rather be pickled than cooked to any degree- thank you!

 

[Turkey]

http://www.cnn.com/2007/US/07/11/paternity.cases/index.html

o.O

" He now has DNA results that show the 15-year-old girl wasn't fathered by him. He even has an affidavit from the girl's mother -- a former girlfriend from 1990 -- saying he's "not the father" and asking that Rodriguez no longer be required to pay child support.

Yet the state of Florida is continuing to push him to pay $305 a month to support the girl, as well as the more than $10,000 already owed. He spent a night in jail because of his delinquent payments. "

[Maxx2]

macman,

When marrying an immigrant, one is most likely to pay more spousal maintenance than if he were to marry a domestic woman.  Judges in family court are allowed a lot of discretion when it comes to making a ruling. Because your immigrant wife is not very employable and because she's new to the country and can't speak English very well although she may be fluent outside of court, the judge will recognize she has special needs for spousal support for a long time until she could take care of herself. Even if you were in a short marriage, you could be hooked for a long time. Besides the fact you sign an affidavit of support, if he could help it, no judge is going to make the taxpayers support, on welfare, your mistake. Choose wisely.

BillyB said it all.



Maxx

[William3rd]

40 quarters is ten years. FWIW-this document has not been a real problem in the area of reimbursement for use of means-tested benefits. WHere the problem has arisen is the misuse of the document in the family courts as providing a minimum support level far and beyond the local rules in providing spousal support.

[ConnerVT]

40 quarters is ten years.

Sorry, but 40 quarters of taxable income above the minimum SS threshold is *not* 10 years.  It could be *MUCH* longer, depending on a number of possibilities (many which could be relevant to anyone who actually finds themself in this situation).

[Wayne B]

Yeah...if you don't work....then the English proficiency rule...about 10 yrs would come into play :brightidea:

[Gator]

Catzenmouse wrote,

All this comes back down to what is preached over and over again. Get to know the lady. Learn about her and her culture. See her in her natural environment. Etc. etc. etc.

Folks here sometimes wonder why it is that the OMB's keep harping on the same things. After they've seen the same attitudes and behaviors a few dozen times that lead up to the same nasty train wreck they can pretty often guess the outcome when someone starts up again following that same path.

If a newbie can learn just one thing here I hope that it will be that they ARE NOT different from those other guys, they ARE NOT immune, they ARE NOT smarter, they ARE NOT the king stud the agencies make them out to be. They are more often than not just meat. Whether they get cooked to perfection or burnt to a crisp is entirely up to how much they pay attention.

Ken

Ken's advice  needs to be repeated.  There is no substitute for spending time together and getting to know her so well that you understand her.

[William3rd]

You are right-they changed the instructions to 40 quarters of credit from 40 quarters or ten years. . . . . at least they left naturalization, death or departure in.

[Jet]

Yet the state of Florida is continuing to push him to pay $305 a month to support the girl, as well as the more than $10,000 already owed. He spent a night in jail because of his delinquent payments. "

State of Florida DOR Child support enforcement division pride themselves as being the "baddest motherf*%#ers in the business". They have extradition agreements w/ 49 states and 189 countries around the world. If they believe you owe them *anything* they start by seizing your bank accounts, drivers license, professional licenses, vehicle registrations, & passport. If they can't collect what they believe they are owed that way, they start dropping liens on all titled/deeded property. Sometime after that, you have the opportunity to prove they screwed up in court. Once they are proved wrong, they take YEARS to undo all the damage they've caused (they REALLY, REALLY don't like to be proved wrong!). They are also an autonomous entity, there is no possibility to have them audited by any outside source....

Not that I'd have any personal experience with this 

[William3rd]

LA is about the same-they hunt you until you die.

[tim 360]

In some states; "death is no excuse".  Even the deceased can have their bones picked clean.