Legal Question in Immigration Law in Virginia

My ex husband owes me three years of child support. He was an immigrant who was deported and I was able to bring him back through a waiver. He hasn't paid any taxes since he has been back to the U.S. I cannot find him. He has informed me that he can use I-864 to sue me if I try to seek my child support from him. Is he correct and should this legal form scare me away from seeking justice to punish him for not paying his child support?

Asked on 11/26/15, 6:40 pm

2 Answers from Attorneys

Marlene Hemmings Marlene Hemmings, Attorney at Law

No, he cannot use Form I-864 to "sue" you. The I-864 is for use by the Government only.If he tries to get a means tested benefit, such as welfare, the Government entity can seek reimbursement from you, as the Petitioner.

For child support issues, you need to consult with a local Family Law attorney. It is usually the District Attorney's office that can garnish wages etc if the parent fails to pay court ordered child support .

Good luck.

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Answered on 11/27/15, 8:03 am
Rahul Manchanda, Esq. Manchanda Law Office PLLC

Please call me at (212) 968-8600. Kind regards, RDM

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Answered on 12/09/15, 6:38 am

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