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  1. #1
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    Default Imputed Wages When a Parent is Undocumented

    My question involves child support in the State of: Florida

    I am currently going through a nightmare divorce my marriage lasted 3 years and the opposing party is doing everything to extend and charge me with all kinds of fees, after filing motions we got to the point where timeshare and support was discussed and we got to an agreement for the timeshare, the Magistrate appointed to that then proceeded to calculate the support and imputed my wife with minimum wage , because considered that she was fit to work even tho her lawyer tried to say she cant work because she is still undocumented ,, she has been in this country for 12 years worked and filed taxes and is a healthy woman. they are trying to have this heard by the judge and have the minimum wage imputed removed arguing that by law she is prohibited to work, they are trying to get alimony and me to have all the support responsibility ,, the time share is not 50/50 but close and to be honest i would love to have much more time with my children, I have had people suggesting to get her deported when they hear my story but this is not an option,, I would not do that to my children, please someone shed some light on this if possible.

  2. #2
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    Default Re: Imputed Wages

    Then she can be imputed minimum wage, go home to her legal country of residence and get a job to pay it. She is obviously managing to live and pay her lawyer somehow. All the court would be doing by seeing things her way is encouraging the known violation of 1907 Title 8, U.S.C. § 1324(a) Offenses. A court ruling contrary to Federal law is appealable.

  3. #3
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    Oct 2006
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    16,474

    Default Re: Imputed Wages

    Quote Quoting Mkasidi
    View Post
    My question involves child support in the State of: Florida

    I am currently going through a nightmare divorce my marriage lasted 3 years and the opposing party is doing everything to extend and charge me with all kinds of fees, after filing motions we got to the point where timeshare and support was discussed and we got to an agreement for the timeshare, the Magistrate appointed to that then proceeded to calculate the support and imputed my wife with minimum wage , because considered that she was fit to work even tho her lawyer tried to say she cant work because she is still undocumented ,, she has been in this country for 12 years worked and filed taxes and is a healthy woman. they are trying to have this heard by the judge and have the minimum wage imputed removed arguing that by law she is prohibited to work, they are trying to get alimony and me to have all the support responsibility ,, the time share is not 50/50 but close and to be honest i would love to have much more time with my children, I have had people suggesting to get her deported when they hear my story but this is not an option,, I would not do that to my children, please someone shed some light on this if possible.
    If you have been married for three years, why is your wife still undocumented? Had you taken the proper steps to document your wife the fact that her status is undocumented would not be an issue. Your marriage could have easily changed your wife's status.

    Please disregard the comments from Disagreeable...he has a bias. He has the right to have a bias, but its not relevant to family law.

  4. #4
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    Nov 2014
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    Default Re: Imputed Wages

    Quote Quoting llworking
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    If you have been married for three years, why is your wife still undocumented? Had you taken the proper steps to document your wife the fact that her status is undocumented would not be an issue. Your marriage could have easily changed your wife's status.

    Please disregard the comments from Disagreeable...he has a bias. He has the right to have a bias, but its not relevant to family law.
    Yes one of the main reasons why we got married was to to be able to adjust her status once i am eligible for citizenship, I am a currently still a resident and what the immigration attorney suggested was to wait til that happened to put all the papers in , what I understand is my resident status wouldn't help at this point..
    but in the mid time the marriage went down the drain and I found out she was having a relationship with another person, the relationship was completely broken

    I repeat I DO NOT want her to get deported or go back to her country because I most likely wont see my children again.

    she has managed to work and have a normal life even before we met, she files taxes and gets tax returns, we met at WORK... but now, to have me pay more, they say she cant work and imputing wages is not correct, I know she works now, but for sure gets paid under the table.

    I even tried for almost a year to wait so her status could be changed, but it was a living nightmare,, she used to threaten me all the time with taking the kids out of the country,, I managed to get an order from the court prohibiting the issuance of passports for my kids, and contacted the department of state about the possibility of children abduction.

    In all honesty I want her to go on with her life , get her status legalized and contribute with what is fair to raise our children as normal as possible.

    would a judge not see shes taking advantage of the situation? and not impute wages,, I know people who has no documents go to divorce court all the time and have to pay child support like any other documented dad or mom would have to.

    My status in this country has always been legal,, always contributed with my taxes and worked since week one of being here, and feel she wants a free ride at my expense. you are the experts, I am lost.

  5. #5
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    Apr 2009
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    Default Re: Imputed Wages

    Dad, I really need you to answer the questions about sponsorship. There is a really good reason for it.

  6. #6
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    Default Re: Imputed Wages

    Please define "undocumented", and please clarify - you said she has been here for 12 years... okay, fine...but did you actually sponsor her to adjust her status?

    You cannot get her deported. However you seriously need to consider your end goal - if she gets deported, there's a better-than-decent chance of her removing the child from the country and getting that fixed is going to be a nightmare.

  7. #7
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    Default Re: Imputed Wages

    Actually, the court can prohibit her from illegally removing them. Many countries including Mexico and central/south American countries are party to the Hague Convention on Child Kidnapping, though not of child support. She could be charged under US kidnapping laws.


    Quote Quoting Dogmatique
    View Post
    Please define "undocumented", and please clarify - you said she has been here for 12 years... okay, fine...but did you actually sponsor her to adjust her status?

    You cannot get her deported. However you seriously need to consider your end goal - if she gets deported, there's a better-than-decent chance of her removing the child from the country and getting that fixed is going to be a nightmare.

  8. #8
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    Oct 2006
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    Default Re: Imputed Wages

    Quote Quoting Disagreeable
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    Actually, the court can prohibit her from illegally removing them. Many countries including Mexico and central/south American countries are party to the Hague Convention on Child Kidnapping, though not of child support. She could be charged under US kidnapping laws.
    Dog isn't talking about illegally removing them...she is talking about the courts granting permission for mom to move outside of the country with them...which does happen...and could possibility have a greater likelihood of happening if dad cannot explain why he didn't attempt to change mom's status.

    On top of that, dad clearly recognizes that its not in his children's best interest to have mom deported, so you entire argument is moot.

  9. #9
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    Default Re: Imputed Wages

    Quote Quoting Disagreeable
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    Actually, the court can prohibit her from illegally removing them. Many countries including Mexico and central/south American countries are party to the Hague Convention on Child Kidnapping, though not of child support. She could be charged under US kidnapping laws.

    Pretty sure I didn't say "illegally".

    But even then, exactly how much effort do you think will be made trying to find a mother and her child? The State Dept. is limited in terms of how they can help,

    Since you brought up Mexico it's clear that while Mexico likes the benefit of the Hague Convention it's extremely reluctant to actually play ball. While I hate wiki as a rule, this one does indeed contain cites.

    http://en.wikipedia.org/wiki/Interna...en_from_Mexico

    Being a signatory is by no means the be all and end all.

  10. #10
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    Default Re: Imputed Wages

    I know. When I post that Mexican laws are usually swayed by mordida more than justice people tend to react negatively to my post. It has always impressed me that the Federales have a higher moral code than the the lawyers, judges, politicians and army.


    Quote Quoting Dogmatique
    View Post
    Pretty sure I didn't say "illegally".

    But even then, exactly how much effort do you think will be made trying to find a mother and her child? The State Dept. is limited in terms of how they can help,

    Since you brought up Mexico it's clear that while Mexico likes the benefit of the Hague Convention it's extremely reluctant to actually play ball. While I hate wiki as a rule, this one does indeed contain cites.

    http://en.wikipedia.org/wiki/Interna...en_from_Mexico

    Being a signatory is by no means the be all and end all.

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