Legal Question in Immigration Law in Kansas

Six years ago, my future son's father immigrated to the US from Scotland with the help of a sponser (his step father). His mother had come on a tourist visa and they'd gotten married in Vegas while she was here, so she left and came back with her two sons under a fiance visa (or something like that) with her new husband being the sponsor of her and her two kids. Now six years later, and STILL the only one of the three waiting on his visa (he's had some run-ins with the law), we have a 15 month old son together. He pays the bare minimum in child support because he claimed no job (he gets paid under the table) due to the fact that his work visa has long since expired while waiting on his visa. When I filed for child support, his sponsors name also appeared on the documents... My question is, since my son's father is still under sponsorship and is unable to work while waiting for his visa, can I file for child support from his sponsor, or using his sponsors income as a guidleline? I just feel like one of the reasons we have sponsors is so that immigrants don't come to America and become a burden on society... Shouldn't the person who agreed to take complete financial responsibility over this person be responsible to pay child support for his US born child until the immigrant gets his visa and may work and pay him back?


Asked on 2/08/13, 8:17 am

1 Answer from Attorneys
Marlene Hemmings Marlene Hemmings, Attorney at Law

The Affidavit of Support "sponsor" is only for reimbursement of government benefits, such as if the immigrant went on welfare. Moreover, only the government entity whose benefits are being used by the immigrant can go after the "sponsor" for reimbursement.

I suggest you contact a Family Law attorney. Please keep in mind that without an income, even if the Court awards you child support, the DA cannot enforce it if he does not have a job. When he eventually starts working, you can collect any money awarded to you by a Family Law Court in arrears.

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Answered on 2/08/13, 11:19 am


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