Affidavit of Support Enforcement Victory: Flores v. Flores

Flores v. Flores

"Plaintiff Ms. Flores initiated this action to enforce her estranged husband's duty to provide financial support under the I-864 Affidavit of Support. ... Plaintiff seeks $5,035.20 in damages, declaratory relief, and an "order of specific performance compelling [Defendant] to make monthly financial payments to Plaintiff in the amount of 125 percent of the Federal Poverty Guideline for a household of two (currently $1,815)." ... Because Plaintiff does not have earned income for the relevant period and the public assistance afforded to her household is not taxable income, no offsets apply to reduce the amount owed by Defendant. Because no offsets are required, the Court awards Plaintiff damages in the amount of $5,035.20. ... An order for specific performance is an available remedy to enforce an I-864 Affidavit of Support. U.S.C. § 1183a(c). Since Plaintiff filed her motion for default judgment, the Health and Human Services Department released the 2022 Federal Poverty Guidelines. Therefore, the Court revises the amount of month support owed to $1,907.30 based on the new 2022 Federal Poverty Guidelines. The Court ORDERS Defendant to make monthly payments to Plaintiff in the amount of 125 percent of the Federal Poverty Guidelines for a household of two (currently $1,907.30), less any taxable income earned by Plaintiff, until Plaintiff (1) becomes a U.S. citizen, (2) works or receives credit for 40 qualifying quarters of coverage under the Social Security Act, (3) loses her status as a lawful permanent resident and departs the United States, (4) becomes the subject of a new affidavit of support, or (5) dies."

[Hats off to Greg McLawsen!]