Go Back  British Expats > Living & Moving Abroad > USA > Marriage Based Visas
Reload this Page >

Can a non-resident, non-u.s citizen claim alimony from spouse?

Can a non-resident, non-u.s citizen claim alimony from spouse?

Old Nov 18th 2005, 11:06 pm
  #1  
Desperate and Confused
Guest
 
Posts: n/a
Default Can a non-resident, non-u.s citizen claim alimony from spouse?

Hi, maybe I am getting away a little from the immigration subject, but
it seems like people here know about a lot of things.

I am not thinking about trying to get alimony or anything like that as
I am still married and will be hopefully for a while longer. But now
that I realized that my marriage was in trouble and that's what got me
to post here originally, I started to wonder about the situation that
my husband was going to leave me in: No family, no friends, no place to
live, no job, no money and was wondering wether or not a non-resident
alien has the right to claim alimony or support from a husband.

I have heard that there are cases where the judge awards this
regardless of the immigration status, and honestly I think that's
really thoughtful.

And what about non-resident aliens with no other family than their
children? Can U.S. courts order the husband to pay child support? (I
have no kids, but once again, just wondering)
 
Old Nov 19th 2005, 12:19 am
  #2  
Account Closed
 
Joined: Aug 2002
Location: Kentucky
Posts: 38,865
ian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond repute
Default Re: Can a non-resident, non-u.s citizen claim alimony from spouse?

Originally Posted by Desperate and Confused
... and was wondering wether or not a non-resident alien has the right to claim alimony or support from a husband.
I'm sure I'll be corrected if I'm off base on this, but I don't believe that a claim for alimony is dependent on your immigration status. Divorce and alimony is a state matter, not a federal matter.

Now, that said, a non-resident alien with no basis from which to adjust status, who brings herself to the attention of the court system, may quickly find herself in removal proceedings.


Can U.S. courts order the husband to pay child support? (I have no kids, but once again, just wondering)
I'm pretty sure the court will not force a husband to pay child support for non-existent children! For existing children though, probably yes!

Ian
ian-mstm is offline  
Old Nov 19th 2005, 1:48 am
  #3  
BE Enthusiast
 
Joined: Feb 2005
Posts: 863
bionomique is a splendid one to beholdbionomique is a splendid one to beholdbionomique is a splendid one to beholdbionomique is a splendid one to beholdbionomique is a splendid one to beholdbionomique is a splendid one to beholdbionomique is a splendid one to beholdbionomique is a splendid one to beholdbionomique is a splendid one to beholdbionomique is a splendid one to beholdbionomique is a splendid one to behold
Default Re: Can a non-resident, non-u.s citizen claim alimony from spouse?

Originally Posted by Desperate and Confused
Hi, maybe I am getting away a little from the immigration subject, but
it seems like people here know about a lot of things.

I am not thinking about trying to get alimony or anything like that as
I am still married and will be hopefully for a while longer. But now
that I realized that my marriage was in trouble and that's what got me
to post here originally, I started to wonder about the situation that
my husband was going to leave me in: No family, no friends, no place to
live, no job, no money and was wondering wether or not a non-resident
alien has the right to claim alimony or support from a husband.

I have heard that there are cases where the judge awards this
regardless of the immigration status, and honestly I think that's
really thoughtful.

And what about non-resident aliens with no other family than their
children? Can U.S. courts order the husband to pay child support? (I
have no kids, but once again, just wondering)
As Ian mentioned, this would fall under the state's individual divorce laws. What I can suggest is that often, if the court mandates that any support is to be paid, it is made with consideration for each party and dependent upon how each is affected and able. Sometimes considered temporary spousal support, it is to assist one member of the marital party to maintain a certain standard of living to which he or she was accustomed in the marriage, but for whom employment may either be impractical or impossible for a time (as in no authority to work, or limited skills to secure work, finalising education, or rearing children etc).
bionomique is offline  
Old Nov 19th 2005, 2:23 am
  #4  
Desperate and Confused
Guest
 
Posts: n/a
Default Re: Can a non-resident, non-u.s citizen claim alimony from spouse?

I just asked because I am sure happens quite frequently and some of
these people think they have no rights because of their immigration
status. I know that immigrants have rights, I just don't know what
rights.
 
Old Nov 19th 2005, 10:56 am
  #5  
I'm back!
 
Just Jenney's Avatar
 
Joined: Jul 2002
Location: Richmond, VA, USA
Posts: 4,316
Just Jenney has a reputation beyond reputeJust Jenney has a reputation beyond reputeJust Jenney has a reputation beyond reputeJust Jenney has a reputation beyond reputeJust Jenney has a reputation beyond reputeJust Jenney has a reputation beyond reputeJust Jenney has a reputation beyond reputeJust Jenney has a reputation beyond reputeJust Jenney has a reputation beyond reputeJust Jenney has a reputation beyond reputeJust Jenney has a reputation beyond repute
Default Re: Can a non-resident, non-u.s citizen claim alimony from spouse?

Originally Posted by Desperate and Confused
I am not thinking about trying to get alimony or anything like that as I am still married and will be hopefully for a while longer. But now that I realized that my marriage was in trouble and that's what got me to post here originally, I started to wonder about the situation that my husband was going to leave me in: No family, no friends, no place to live, no job, no money and was wondering wether or not a non-resident alien has the right to claim alimony or support from a husband.
I find your post to be a bit strange. In your other posts, you've said that your husband only wants to divorce you because of the debt and money problems that were caused by your inability to work. You have an interview on Dec 9th and hopefully soon after will find out if you are going to be able to work. You previously gave the clear impression that if that were to happen, you would start working, the extra income would alleviate most of your marital problems, and your marriage would remain intact.

Now you're saying that even if you get approved work authorization, you will probably end up getting divorced anyway. Not only that, but you want to know if you can get alimony from your husband if you do end up getting divorced. This is despite the fact that the reason you would end up divorcing is because your husband became financially strapped in the first place.

In one of your first threads, I said that there had to be more to your marital problems than just the money issue. You said very clearly that there were no other issues, just the debt piling up because of your inability to work. You were insistent that once you could start working, things would turn around and your marriage would get back on track. Now you're saying something different. So, which is it?

~ Jenney
Just Jenney is offline  
Old Nov 19th 2005, 1:52 pm
  #6  
Account Closed
 
Joined: Sep 2002
Posts: 16,266
Folinskyinla is an unknown quantity at this point
Default Re: Can a non-resident, non-u.s citizen claim alimony from spouse?

Originally Posted by Jenney & Mark
I find your post to be a bit strange. In your other posts, you've said that your husband only wants to divorce you because of the debt and money problems that were caused by your inability to work. You have an interview on Dec 9th and hopefully soon after will find out if you are going to be able to work. You previously gave the clear impression that if that were to happen, you would start working, the extra income would alleviate most of your marital problems, and your marriage would remain intact.

Now you're saying that even if you get approved work authorization, you will probably end up getting divorced anyway. Not only that, but you want to know if you can get alimony from your husband if you do end up getting divorced. This is despite the fact that the reason you would end up divorcing is because your husband became financially strapped in the first place.

In one of your first threads, I said that there had to be more to your marital problems than just the money issue. You said very clearly that there were no other issues, just the debt piling up because of your inability to work. You were insistent that once you could start working, things would turn around and your marriage would get back on track. Now you're saying something different. So, which is it?

~ Jenney
Jenny:

Although I was a little harsh myself at the beginning, I now see that her screen name is truly descriptive. She is "desparate and confused." So, this is the time to

Be nice.

Please.
Folinskyinla is offline  
Old Nov 19th 2005, 3:29 pm
  #7  
Septicity
 
fatbrit's Avatar
 
Joined: May 2004
Posts: 23,762
fatbrit has a reputation beyond reputefatbrit has a reputation beyond reputefatbrit has a reputation beyond reputefatbrit has a reputation beyond reputefatbrit has a reputation beyond reputefatbrit has a reputation beyond reputefatbrit has a reputation beyond reputefatbrit has a reputation beyond reputefatbrit has a reputation beyond reputefatbrit has a reputation beyond reputefatbrit has a reputation beyond repute
Default Re: Can a non-resident, non-u.s citizen claim alimony from spouse?

Think it’s probably about time you started dealing with that feeling of isolation and helplessness. If it is true that you have nothing, it’s about time to change it. Since money is a problem, friends might be the first one to work on. You need to get out and about! Scour the local paper and Internet to find local groups who are interested in the things that you are interested in, too. Look for things, that don’t cost much money. Some suggestions: meeting at the library about local issues, an ACLU meeting, a free language class at your local Borders, a book reading club at B&N, volunteer at the local animal shelter. None of them should cost more than a cup of coffee. Make some friends and acquaintances separate from those of your spouse.

Next the money problem! Get a job, whatever job, part time, full time it doesn’t matter! And put some of the money from that job away separately in an emergency fund that only you have access too. I would suggest as a minimum that you need enough to live in a motel for a week, eat, and buy a plane ticket home.

Now you have some independence, you can work better on your relationship. If it works out, fine. If it doesn’t, you have people to confide in and the ability to be independent.
fatbrit is offline  
Old Nov 19th 2005, 5:35 pm
  #8  
 
meauxna's Avatar
 
Joined: Apr 2002
Posts: 35,082
meauxna has a reputation beyond reputemeauxna has a reputation beyond reputemeauxna has a reputation beyond reputemeauxna has a reputation beyond reputemeauxna has a reputation beyond reputemeauxna has a reputation beyond reputemeauxna has a reputation beyond reputemeauxna has a reputation beyond reputemeauxna has a reputation beyond reputemeauxna has a reputation beyond reputemeauxna has a reputation beyond repute
Default Re: Can a non-resident, non-u.s citizen claim alimony from spouse?

Originally Posted by fatbrit
Next the money problem! Get a job, whatever job, part time, full time it doesn’t matter!
She has many posts, but I think this OP is not eligible for, and does not have, EAD.
Which doesn't mean she should totally disregard your comments, but she might want to think twice about taking action, or rather, the consequences of doing so.
meauxna is offline  
Old Nov 19th 2005, 6:03 pm
  #9  
I'm back!
 
Just Jenney's Avatar
 
Joined: Jul 2002
Location: Richmond, VA, USA
Posts: 4,316
Just Jenney has a reputation beyond reputeJust Jenney has a reputation beyond reputeJust Jenney has a reputation beyond reputeJust Jenney has a reputation beyond reputeJust Jenney has a reputation beyond reputeJust Jenney has a reputation beyond reputeJust Jenney has a reputation beyond reputeJust Jenney has a reputation beyond reputeJust Jenney has a reputation beyond reputeJust Jenney has a reputation beyond reputeJust Jenney has a reputation beyond repute
Default Re: Can a non-resident, non-u.s citizen claim alimony from spouse?

Originally Posted by Folinskyinla
Jenny:

Although I was a little harsh myself at the beginning, I now see that her screen name is truly descriptive. She is "desparate and confused." So, this is the time to

Be nice.

Please.
There was nothing nasty about my post. What's nasty about pointing out an inconsistency in her story and asking her to clarify it?

~ Jenney
Just Jenney is offline  
Old Nov 19th 2005, 6:08 pm
  #10  
Septicity
 
fatbrit's Avatar
 
Joined: May 2004
Posts: 23,762
fatbrit has a reputation beyond reputefatbrit has a reputation beyond reputefatbrit has a reputation beyond reputefatbrit has a reputation beyond reputefatbrit has a reputation beyond reputefatbrit has a reputation beyond reputefatbrit has a reputation beyond reputefatbrit has a reputation beyond reputefatbrit has a reputation beyond reputefatbrit has a reputation beyond reputefatbrit has a reputation beyond repute
Default Re: Can a non-resident, non-u.s citizen claim alimony from spouse?

Originally Posted by meauxna
She has many posts, but I think this OP is not eligible for, and does not have, EAD.
Which doesn't mean she should totally disregard your comments, but she might want to think twice about taking action, or rather, the consequences of doing so.

Thanks for that. Wouldn't have told her to get a job if she wasn't authorized. But then again -- if needs must -- sometimes you have to select the better of two evils!?!
fatbrit is offline  
Old Nov 19th 2005, 6:13 pm
  #11  
Homebody
 
Joined: Jan 2005
Location: HOME
Posts: 23,174
Elvira has a reputation beyond reputeElvira has a reputation beyond reputeElvira has a reputation beyond reputeElvira has a reputation beyond reputeElvira has a reputation beyond reputeElvira has a reputation beyond reputeElvira has a reputation beyond reputeElvira has a reputation beyond reputeElvira has a reputation beyond reputeElvira has a reputation beyond reputeElvira has a reputation beyond repute
Default Re: Can a non-resident, non-u.s citizen claim alimony from spouse?

Originally Posted by Jenney & Mark
There was nothing nasty about my post. What's nasty about pointing out an inconsistency in her story and asking her to clarify it?

~ Jenney

I don't think there was anything 'nasty' about your post. Mr. F just thinks - and I agree - that this respondent is a bit fragile and needs extra support and kindness.

Elvira is offline  
Old Nov 19th 2005, 11:27 pm
  #12  
CA to TX to Jamaica
 
CaliforniaBride's Avatar
 
Joined: Jun 2003
Location: Location, Location.
Posts: 4,887
CaliforniaBride has a reputation beyond reputeCaliforniaBride has a reputation beyond reputeCaliforniaBride has a reputation beyond reputeCaliforniaBride has a reputation beyond reputeCaliforniaBride has a reputation beyond reputeCaliforniaBride has a reputation beyond reputeCaliforniaBride has a reputation beyond reputeCaliforniaBride has a reputation beyond reputeCaliforniaBride has a reputation beyond reputeCaliforniaBride has a reputation beyond reputeCaliforniaBride has a reputation beyond repute
Default Re: Can a non-resident, non-u.s citizen claim alimony from spouse?

Originally Posted by Jenney & Mark
There was nothing nasty about my post. What's nasty about pointing out an inconsistency in her story and asking her to clarify it?

~ Jenney
I think if you read back then you'll discover that the sanctimonious tone was more than the OP probably needed. No point acting the innocent.

Maybe you'd like her better if she got on all fours and barked?
CaliforniaBride is offline  
Old Nov 19th 2005, 11:29 pm
  #13  
CA to TX to Jamaica
 
CaliforniaBride's Avatar
 
Joined: Jun 2003
Location: Location, Location.
Posts: 4,887
CaliforniaBride has a reputation beyond reputeCaliforniaBride has a reputation beyond reputeCaliforniaBride has a reputation beyond reputeCaliforniaBride has a reputation beyond reputeCaliforniaBride has a reputation beyond reputeCaliforniaBride has a reputation beyond reputeCaliforniaBride has a reputation beyond reputeCaliforniaBride has a reputation beyond reputeCaliforniaBride has a reputation beyond reputeCaliforniaBride has a reputation beyond reputeCaliforniaBride has a reputation beyond repute
Default Re: Can a non-resident, non-u.s citizen claim alimony from spouse?

Originally Posted by Elvira
I don't think there was anything 'nasty' about your post. Mr. F just thinks - and I agree - that this respondent is a bit fragile and needs extra support and kindness.

I dunno, 'be nice' rather implies someones being nasty. But then who am I to argue with someone who has a direct line into the mind of Folinsky? I wish I knew what he was thinking.
CaliforniaBride is offline  
Old Nov 19th 2005, 11:33 pm
  #14  
Homebody
 
Joined: Jan 2005
Location: HOME
Posts: 23,174
Elvira has a reputation beyond reputeElvira has a reputation beyond reputeElvira has a reputation beyond reputeElvira has a reputation beyond reputeElvira has a reputation beyond reputeElvira has a reputation beyond reputeElvira has a reputation beyond reputeElvira has a reputation beyond reputeElvira has a reputation beyond reputeElvira has a reputation beyond reputeElvira has a reputation beyond repute
Default Re: Can a non-resident, non-u.s citizen claim alimony from spouse?

Originally Posted by CaliforniaBride
I dunno, 'be nice' rather implies someones being nasty. But then who am I to argue with someone who has a direct line into the mind of Folinsky? I wish I knew what he was thinking.
Me? A direct line into the mind of Mr. F? Now that would be worth having. Imagine the karma!

BTW, are you having a rough day - you seem a bit 'edgy'?...
Elvira is offline  
Old Nov 19th 2005, 11:46 pm
  #15  
CA to TX to Jamaica
 
CaliforniaBride's Avatar
 
Joined: Jun 2003
Location: Location, Location.
Posts: 4,887
CaliforniaBride has a reputation beyond reputeCaliforniaBride has a reputation beyond reputeCaliforniaBride has a reputation beyond reputeCaliforniaBride has a reputation beyond reputeCaliforniaBride has a reputation beyond reputeCaliforniaBride has a reputation beyond reputeCaliforniaBride has a reputation beyond reputeCaliforniaBride has a reputation beyond reputeCaliforniaBride has a reputation beyond reputeCaliforniaBride has a reputation beyond reputeCaliforniaBride has a reputation beyond repute
Default Re: Can a non-resident, non-u.s citizen claim alimony from spouse?

Originally Posted by Elvira
Me? A direct line into the mind of Mr. F? Now that would be worth having. Imagine the karma!

BTW, are you having a rough day - you seem a bit 'edgy'?...
Nope, just speaking my mind. Problem?
CaliforniaBride is offline  

Contact Us - Archive - Advertising - Cookie Policy - Privacy Statement - Terms of Service -

Copyright © 2024 MH Sub I, LLC dba Internet Brands. All rights reserved. Use of this site indicates your consent to the Terms of Use.