In awarding spousal maintenance in marriage dissolution proceeding, trial court was not required to enforce husband’s spousal support obligation under federal immigration law, arising from affidavit of support husband had signed as sponsor of wife’s application for permanent legal residency; husband’s support obligation under federal immigration law existed independent of dissolution proceeding, state statute governing spousal maintenance did not provide that spouse’s contractual obligation under federal immigration law must be enforced through maintenance award, and wife, as beneficiary of husband’s federal immigration law support obligation, would not be left without remedy if that obligation was not included in maintenance award.
http://www.courts.wa.gov/opinions/index.cfm?fa=opinions.showOpinion&filename=448149MAJ
Laura W. Morgan is the owner and operator at Family Law Consulting in Charlottesville, Virginia.Laura is available for consultation, brief writing and research on family law issues throughout the country. She can be reached through her website. www.famlawconsult.com
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