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Lucy, Esq.
Lucy, Esq., Attorney
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Experience:  Lawyer
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I was married in Jamaica in 2001 my wife is also from

Customer Question

I was married in Jamaica in 2001 my wife is also from Jamaica, living in the usa she fild for me n i came here 2009 to live with her n her daughter n we was living t her mom's house
I was lucky to land a job 4 months after then she got a house same year ,it was all sign for by my wife n her sister we moved inthe house in October 2009.
My wife was working more $ than i was n she ask me for a fix amount of $ each week other than the bills we shair , so i had to do over time to get ehough to cover all that , after a while i notice she start saying anything to me anywhere regardless of who or where we are this continue from 2010 up until November 2013 when i had to move out of that hous into an apartment.so she now live at the house with her daughter n a family member who both are working. I suggested that we seek counseling on numerous occasion n she refused i even asked some of her family members to sit with us to help get thing going but she talk them out of it
Now i filed for a no contest Devorce in February n we went to court in last month n she asked for spouses support.
About two months ago she got fired from her job of over 10 years because of the same bad attitudes n sharp mouth
Am i entitled to pay her spousal support?
In advance
Thanks for reading, and waiting for a suggestion
Submitted: 3 months ago.
Category: Legal
Expert:  Lucy, Esq. replied 3 months ago.

Hi,

I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear about your situation.

Which US state did she file for divorce in? Did your wife sponsor you for citizenship, and if so, when?

Customer: replied 3 months ago.
i was the one that filed for a Devorce
In the state of New Jersey
And am a permanent resident , green card holder
Expert:  Lucy, Esq. replied 3 months ago.

Thank you.

Is she the one who sponsored you? I'm asking because, in the paperwork when you sponsor someone for citizenship, there's usually something called an Affidavit of Support. If she signed something like that, she has already promised to support YOU, which is going to seriously undercut her request for spousal support.

Customer: replied 3 months ago.
she did sign affidavit of support to support me in the USA. But how long is it for because i got a 10 years resident card
Expert:  Lucy, Esq. replied 3 months ago.

There are two different types of forms. If she signed an I-864, her obligations continue until you become a permanent lawful resident. You could her signing that, which includes a promise to help you stay above the poverty line, as a reason you shouldn't have to pay her spousal support.

Expert:  Lucy, Esq. replied 3 months ago.

Putting that aside, support is need-based. If she became unemployed during the marriage through no fault of her own, a judge could order you to temporarily help support her until she finds a new job. But support is never automatic, and contrary to what many people think, it's not something that the female spouse always gets. If she has the ability to earn enough income to support herself, you can request that the judge refuse her request for spousal support. The judge can actually assume she's making what she would be making while working when deciding whether she can meet her needs without help from you.

Customer: replied 3 months ago.
Is there a time limit on how long she should take to get a job a me stop paying support?
Customer: replied 3 months ago.
Because she will sit and don't really seek for jobs knowing that am supporting her
Expert:  Lucy, Esq. replied 3 months ago.

She can be required to submit regular proof that she's applying for jobs. But usually, it would be 6 months to a year.

Expert:  Lucy, Esq. replied 3 months ago.

Did you have any other questions about this?

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