Erler v. Erler

Yashar signed an “I-864 Affidavit of Support,” in which he agreed to provide his wife Ayla with support. After the couple divorced, Ayla sought support pursuant to the affidavit. Yashar argued that the premarital agreement and divorce judgment terminated his obligations under the affidavit of support. The district court granted summary judgment to Yashar. The court held that, under federal law, neither a divorce judgment nor a premarital agreement may terminate an obligation of support. Therefore, the district court correctly determined that Yashar has a continuing obligation to support Ayla. The court held that when a sponsored immigrant separates from the sponsor’s household, the sponsor’s obligation under the affidavit of support is to provide the immigrant with whatever support is necessary to maintain him or her at an annual income of at least 125% of the poverty guidelines for a one-person household. If the sponsor agreed to support more than one immigrant, and those immigrants separate from the sponsor’s household and continue to live together, then the sponsor must provide them with whatever support is necessary to maintain them at an annual income of at least 125% of the poverty guidelines for a household of a size that includes all the sponsored immigrants. In this case, Yashar has a continuing obligation to provide Ayla with whatever support is necessary to maintain her at an income that is at least 125% of the poverty guidelines for a one-person household. For purposes of determining whether Yashar has fulfilled this obligation, the court must not consider the income of Ayla's son. Accordingly, the court vacated and remanded. View "Erler v. Erler" on Justia Law