CA9 (2-1) on Affidavit of Support, Household Size: Erler v. Erler

Erler v. Erler, June 8, 2016- Court staff summary: "The panel vacated the district court’s summary judgment in favor of the defendant in an action to enforce a sponsor’s duty to provide financial support to an immigrant under an “I-864 Affidavit of Support.” The defendant, a United States citizen, married the plaintiff, a Turkish citizen, and signed an affidavit of support, making her eligible for admission to the United States. The defendant agreed to provide the plaintiff with any support necessary to maintain her at an income that was at least 125 percent of the Federal Poverty Guidelines for her household size. The affidavit became a contract between the defendant sponsor and the United States government for the benefit of the plaintiff and any entity that administers a means-tested public benefits program. The parties subsequently divorced, and their divorce judgment reflected their premarital agreement that neither would be entitled to alimony or support from the other. Agreeing with the Seventh Circuit, the panel affirmed the district court’s conclusion that despite the divorce, the defendant had a continuing obligation to support the plaintiff. The panel held, however, that the district court erred in treating the plaintiff and the adult son with whom she lived as a combined household for purposes of determining whether the defendant breached that obligation. Dissenting, Judge Schroeder wrote that the defendant was not required to pay support for his former wife, who was living in a household with income above the poverty level for its size."