Kumar v Kumar CA Ct App (July 28, 2017) [pdf]

Decision of the California Court of Appeals confirming that Affidavits of Support are enforceable by the sponsored spouse, in this case an abused spouse, in family court as part of a divorce proceeding. enforcement of the affidavit of support is independent of spousal support laws. Courts cannot impose a duty to mitigate that may apply in spousal support cases to enforcement requested by a sponsored spouse in a divorce proceeding. Enforcement of an affidavit of support is enforcement of the contract between the sponsor and the U.S. government by the beneficiary of that contract envisioned by the federal statute and regulations governing affidavits of support. This case provides an summary or prior affidavit of support decisions in other jurisdictions and an analysis that addresses the few decisions that based on the facts and pleadings in those specific cases could be construed to reach a different conclusion but are distinguished by this court.