C.A. 1st;
A145181

The First Appellate District reversed a family court judgment. The court held that an immigrant spouse may enforce a citizen spouse's I-864 support affidavit in family court dissolution proceedings.

In 2012, U.S. citizen Vikash Kumar married Fijian citizen Ashlyne Kumar and sponsored her immigration to the U.S. In connection with Ashlyne's immigration, Vikash executed a form I–864 affidavit of support, which stated his agreement to “provide the intending immigrant any support necessary to maintain him or her at an income that is at least 125 percent of the Federal Poverty Guidelines for his or her household size…” The affidavit further stated, “If you do not provide sufficient support to the person who becomes a permanent resident based on the Form I–864 that you signed, that person may sue you for this support.” In 2014, Vikash filed a petition for dissolution of marriage. The family court awarded Ashlyne temporary spousal support of $675 per month. A few months later, Vikash moved to terminate spousal support, arguing Ashlyne had made no efforts to become self-supporting. Ashlyne opposed, arguing that Vikash's execution of the I-864 affidavit obligated him to provide spousal support of $1,196 per month.