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    Maregi2002's Avatar
    Maregi2002 Posts: 23, Reputation: 1
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    #1

    Apr 13, 2013, 07:19 PM
    I-864 affidavit of support in divorce
    My husband filed for divorce and hasn't given me any help for my daughter 's school lunch and activities. I am unable to work since he took the car I was driving. I had to buy a car from a friend to pay whenever I settled my divorce but unfortunatelly the car is giving me lots of problems.
    How can I reinforce the i-864 affidavit of support into getting him to help me if doesn't want to make money? On his financial affidavit he filed in court it says he is making $1.480/month but in one credit card statement his transactions are more than $2.000 every month and there is never a late fee. He is spending so much money with his new woman but never, ever gave $1 to help me with his daughter's expenses since he spoke to me about divorce 5 months ago.
    newacct's Avatar
    newacct Posts: 321, Reputation: 21
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    #2

    Apr 14, 2013, 12:57 AM
    I think there are two separate issues here:

    1. As part of divorce, he may be ordered to pay spousal support and/or child support, depending on your state laws and possibly circumstances of the marriage and divorce. And how much he pays depends on his income and your income, etc. If he is lying about his income or something, then you and/or your divorce lawyer should definitely get this figured out during the divorce proceedings. Otherwise the lawyer is not doing his job.

    2. I am assuming that you're the permanent resident and he sponsored you on an I-864? If so, then (separately from the divorce) he has an obligation, if you do not make 125% of the poverty line, to pay you enough money to get you to that level. This is regardless of whether you are divorced or not. If you are not making enough, then you should tell him and ask him to pay, and if he does not, you need to sue him.
    lawanwadee's Avatar
    lawanwadee Posts: 3,653, Reputation: 124
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    #3

    Apr 14, 2013, 01:03 AM
    If he doesn't pay for child support or spousal support, talk to your divorce attorney. You can file for temporary child support, and he will have to pay.

    I-864 is another issue. In plain word, it means if you become public charge, the state will go after him.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #4

    Apr 14, 2013, 04:52 AM
    Quote Originally Posted by lawanwadee View Post
    ...
    I-864 is another issue. In plain word, it means if you become public charge, the state will go after him.
    The state will go after him for child support or I-864, whchever is greater. But there are more tools available for child support.

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