Contractual obligation undertaken by a citizen spouse under the Immigration and Nationality Act (INA), to support a non-citizen spouse at income at or above 125 percent of the federal poverty guidelines applicable to the size of his or her household, is independent of spousal support and survives divorce, and is enforceable by the non-citizen spouse, the federal government, any state government, and any governmental agency that provides non-citizen spouse a means-tested public benefit; Non-citizen spouse may enforce the contractual obligation undertaken by a citizen spouse under the Immigration and Nationality Act (INA), to support a non-citizen spouse at income at or above 125 percent of the federal poverty guidelines applicable to the size of his or her household, in any appropriate court.
Laura Morgan is a Family Law Consultant. 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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