Law Office of Chandra E. Miller
A Northern California Family Law Firm
Call Now To Talk To An Attorney
530-377-5022 Local
866-679-7592 Toll Free

California resident gets support despite prenup

The Ninth Circuit ruled that a real estate agent must continue to provide for his former wife even though they both signed a prenuptial agreement that nixed spousal support. According to the court, immigration documents set forth an expectation that an immigrant's sponsor will provide support regardless of what other agreements say. This is designed to prevent a person from entering the country, divorcing a spouse and then becoming reliant on public services.

According to the ex-wife, the man had only provided her with $3,500 to cover moving expenses. She also receives support from her son's $3,200-a-month income, food stamps and a Turkish pension. In a ruling made by a lower court, a judge reasoned that the income made up for the lack of support from the husband. However, the Ninth Circuit discounted the fact that she had other sources of income.

Essentially, it was determined that contracts must be enforced to the reasonable expectations of both parties. In a ruling for the majority, the Ninth Circuit court found that by taking outside income into account, it could lead to a sponsor holding out for a charity to make required payments in future cases. In a ruling issued by dissenting judges, it was noted that requiring support payments by the man could put him at risk of being a dependent at some point.

Spousal support is designed to help an individual maintain a basic standard of living immediately following a divorce. Factors such as other sources of income, the length of the marriage and age may be considered when determining the length and amount of support. If a prenuptial agreement exists, it may determine whether or not support is granted. A lawyer might be able to review such a document and determine if it is valid.

No Comments

Leave a comment
Comment Information

Contact Our Office

Law Office of Chandra E. Miller
1147 High Street
Auburn, CA 95603

Phone: 530-377-5022
Map & Directions

Facing A Divorce Or Family Issue?

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy