Custody and child support

[dantarantado]

Since you are worried about the future, you should go to work and save like crazy.

I'm starting

 

[t74]

No. More than one spouse can collect off of a wage earner. (And people wonder why SS is going broke!)

 

[LdiJ]

What if he's the one who remarries, will my benefits be tranfered to his new wife?

No, he can marry half a dozen times and if each marriage is at least 10 years long, they can all collect SS benefits on his earnings record.

 

[LdiJ]

Although the couple has been married for 12 years, OP has been living in the US for only 9 of those years. Would that be a factor?

(Of course, if the divorce is finalized after the 10 yr mark, my question is moot. And OP is naturalizing, so she must be near that.)

I don't think that its a factor if they lived outside the US for part of their marriage.

 

[dantarantado]

Although the couple has been married for 12 years, OP has been living in the US for only 9 of those years. Would that be a factor?

(Of course, if the divorce is finalized after the 10 yr mark, my question is moot. And OP is naturalizing, so she must be near that.)

This leads me to another question.. Will my benifits after divorce be "limited" since I am not a US citizen yet?

 

[Zigner]

This leads me to another question.. Will my benifits after divorce be "limited" since I am not a US citizen yet?

What benefits are you asking about?

 

[LdiJ]

What benefits are you asking about?

Social Security Benefits. Yes, a green card holder can collect Social Security Benefits.

 

[dantarantado]

What benefits are you asking about?

From his SS and 401K?
And the custody of my son?

 

[LdiJ]

From his SS and 401K?
And the custody of my son?

The 401k and the custody of your son is something that will be settled as part of your divorce. Those are not "benefits". Only the SS is an automatic benefit.

 

[Zigner]

The 401k and the custody of your son is something that will be settled as part of your divorce. Those are not "benefits". Only the SS is an automatic benefit.

Right - that's why I asked for clarification - I had a feeling the OP was asking about more than just SS benefits.

 

[dantarantado]

The 401k and the custody of your son is something that will be settled as part of your divorce. Those are not "benefits". Only the SS is an automatic benefit.

Ok. That's my main concern (my son). So they cannot like take away or limit my "rights" with regards to custody, since my son is a US citizen and I am not?

 

[Ohiogal]

Ok. That's my main concern (my son). So they cannot like take away or limit my "rights" with regards to custody, since my son is a US citizen and I am not?

The court can order that you are not allowed to take him abroad or move him abroad. The court can order that you have to pay a bond to travel with him. Those sorts of things can happen.

 

[not2cleverRed]

From his SS and 401K?
And the custody of my son?

A 401K paid into during the marriage, from income earned during the marriage, is a marital asset. Marital assets are to be divided equitably.

 

[LdiJ]

Ok. That's my main concern (my son). So they cannot like take away or limit my "rights" with regards to custody, since my son is a US citizen and I am not?

They can limit your right to remove your son from the country. Other than that, the fact that your son is a citizen and you are not is irrelevant. I hope that you have an attorney representing you because from the questions you have been asking here, I am beginning to believe that your ex is filling your head with a bunch of lies.