I am going through a divorce with my US citizen sponsor he is now ordered to pay me child support and keep me at 125% of the poverty guideline what i need to know though is if child support is subtracted from the amount he has to pay me yearly?
Great question. A quick internet search shows that the immigration case law makes clear that child support, which is an obligation owed to the child, not the parent, cannot be used to offset the duty of support to a foreign national spouse under the Affidavit of Support. This certainly is in line with family law policy and seems to be the most sensible position from a family law perspective. These are all obviously very general statements and are just general observations. Discuss your specific case with your immigration attorney and follow his or her advice. Best of luck to you!
This answer is for general purposes only and does not establish an attorney-client relationship.
Courts have reached conflicting view on this issue.
Younis v. Farooqi, 597 F. Supp. 2d 552 (D. Md. Feb. 10, 2009), holds that child support obligations *do not* qualify as income for purpose of the I-864. Thus, they do not reduce recovery under the I-864.
In Matter of Donahue, 336 P.3d 701, 712 (Ala. 2014), an Alaska court reached the contrary result, and held that child support does count as income.
Younis has been cited favorably by federal courts around the country for other propositions. It is my opinion that Younis also reaches the correct view on the child support issue. In Ohio, the issue would likely turn in part on whether child support is the property of the child receiving the support. (If it belongs to the child and/or is for his/her benefit, it doesn't make sense to impute it as income to the parent).
Please do not rely on this general information without consulting an attorney. There may be facts about your situation that would be very important to how an attorney would advise you to proceed. An attorney would need to talk with you in detail before giving you specific advice.
No, child support is separate duty owed for maintaining a child or children from a marriage, but the I864 obligations are specific to the foreign national.
The information provided is not to be considered to create an attorney-client relationship. The information provided is general in nature, and does not represent a thorough review of a situation or case, nor does it constitute legal advice on any subject matter. Seek a private consultation with an immigration attorney of your choice to obtain legal advice.
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