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Do I Have to Pay Spousal Support

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  • 02-28-2010, 07:30 PM
    noncitizen
    Do I Have to Pay Spousal Support
    My question involves divorce in the State of California:
    I am a non-citizen and my wife has filed for divorce (she is a citizen), will i have to pay spousal support even if i go back to the country i came from. its not that i am trying to escape, i have to go back for other personal reasons and cannot afford to pay based on the economy there, the divorce is just filed and so not sure how its going to turn out. We are married for two years but lived together only 7 months and we do not have any kids from the marriage.Anyone in similar situation?
  • 03-01-2010, 09:25 PM
    Mr. Knowitall
    Re: Do I Have to Pay Spousal Support
    If you're ordered to pay spousal support, you will be expected to pay spousal support consistent with the court's order. Whether your country of origin will cooperate with the enforcement of the court's order is not something we can tell you, as we don't know the country.

    You've only been married two years, you barely lived together... not a strong case for spousal support. Why do you think it may be ordered?
  • 03-02-2010, 11:47 AM
    noncitizen
    Re: Do I Have to Pay Spousal Support
    Thank you for the reply, it helps a great deal to know the number of years is a factor.
    I am from india, but if i am ordered to pay then regardless of the cooperation i guess its better to payup if told so, right? is this something that can be debated or is it like a decision will be given based on some standard formula?
    I am not certain that spousal support will be ordered but I found it checked in the papers i recieved. so just want to be prepared.
  • 03-02-2010, 12:32 PM
    Dogmatique
    Re: Do I Have to Pay Spousal Support
    I cannot see spousal support being ordered in your case - even in CA (which is very generous to short term marriages), a two year marriage would likely only result in a year's worth of spousal support (if that).

    You can absolutely fight this in court as part of your response to the divorce petition.
  • 03-02-2010, 02:13 PM
    Dogmatique
    Re: Do I Have to Pay Spousal Support
    Something else just occurred to me...

    If your wife sponsored your residency using the I-864, she may be on the hook to provide support to YOU....and for a lot longer than 2 years.
  • 03-03-2010, 01:04 AM
    noncitizen
    Re: Do I Have to Pay Spousal Support
    Thank you for the responses, i feel much better now.
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