Rancho Cucamonga, CA asked in Divorce, Family Law and Immigration Law for California

Q: My soon to be ex-wife of 4 years refuses to become a citizen and plans to use the affidavit of support against

She refuses to become a citizen in order to use the affidavit against me. She cleans houses and does not have earned credits, has been lying to the court in our divorce case claiming we were married in 1994 when in reality we married in 2015-as noted on her immigration application. She is threatening I will have to support her, pay for her lawyer because of the affidavit of support i-134. I don’t know what to do. She has already taken so much advantage in our current divorce because I cannot hire a PI to prove her actual income. How can I protect myself from the affidavit. What are my options, help.

2 Lawyer Answers
Nadine C. Atkinson-Flowers
Nadine C. Atkinson-Flowers
Answered
  • Immigration Law Lawyer
  • Philadelphia, PA

A: If you cannot afford an Attorney or a PI as you said then you need to find a non profit that

Eliza Jasinska
Eliza Jasinska
Answered
  • Los Angeles, CA
  • Licensed in California

A: Please discuss your case with a competent family law attorney. In general, in addition to considering the marital standard of living when ordering long-term spousal support, the court must consider all of the following 14 circumstances (also called "4320 factors") that apply to the respective parties. A court's failure to consider and apply each of the relevant factors may be deemed an abuse of discretion. When the supporting party has the ability and the opportunity to earn more than he or she is earning, but is unwilling to do so, the court may apply an earning-capacity standard to deter that party's shirking of family obligations. In addressing long-term spousal support, a court should consider almost everything that bears on present and prospective matters relating to the lives of the parties. "In an original or modification proceeding, where there are no children, and a party has or acquires a separate estate, including income from employment, sufficient for the party's proper support, no support shall be ordered or continued against the other party." The rule applies in an initial request for support (an "original" proceeding) if the predicate acts, or in a request to modify support if those facts constitute a material change in circumstances.

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