Superior Court of New Jersey rules on enforceability and amount of support for I-864EZ

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In this divorce appeal, we address the enforceability and amount of support that must be paid by the signer of an immigration Affidavit of Support (Form I-864EZ), pursuant to § 213A of the Immigration and Nationality Act (INA), 8 U.S.C.A. § 1183a. This form creates a binding contract that imposes an obligation on the sponsor of a sponsored immigrant to insure that the immigrant has available support at or above 125 percent of the federal poverty line depending on the size of the family unit. This obligation, which is independent of spousal support, continues until the occurrence of one of several statutory termination events. We hold that Form I-864EZ support is enforceable in New Jersey courts. However, in setting such support the court may consider alimony, child support and equitable distribution awards in determining the sponsor's obligation.

...

The sponsor is not necessarily required to pay the sponsored immigrant 125 percent of the Federal Poverty Guidelines for the appropriate family unit size. Rather, considering the sponsored immigrant's own income, assets and other sources of support, the sponsor must pay any deficiency in order to meet this minimum level or floor. In short, the sponsored immigrant is expected to engage in gainful employment, commensurate with his or her education, skills, training and ability to work in accordance with the common law duty to mitigate damages. When the sponsor and sponsored immigrant are married, alimony, child support (if any) and equitable distribution of income-producing assets must be

included in the sponsored immigrant's available support. Therefore, although Form I-864EZ support is an independent obligation, it is impacted by other monetary obligations set by the court in a matrimonial action.

Therefore, after setting spousal and child support and equitable distribution, the court should only consider Form I-864EZ support if the sponsored immigrant's sources of support fall below 125 percent of the Federal Poverty Guidelines for the family unit size. In that case the sponsor is required to pay the deficiency only. If the sponsored immigrant's sources of support exceed this level, then no Form I-864EZ support is mandated by the INA.

http://www.judiciary.state.nj.us/opinions/a6270-05.pdf

Edited April 14, 2008 by VJ Troll

[mawilson 2,133]

Good to know, although 125% of the poverty guidelines is peanuts in NJ.

[w¡n9Nµ7 §£@¥€r 123]

Good to know, although 125% of the poverty guidelines is peanuts in NJ.

True.