When a person marries an immigrant (typically the immigrant spouse comes over on a 90 day fiance visa), the US Citizen spouse often will execute a form I-864 (affidavit of support of immigrant by sponsor). This form is executed to ensure that the immigrant will not become a ward of the state and it requires the US Citizen spouse (or other sponsoring party) to ensure that they will provide a minimum of financial support to prevent the immigrant from obtaining welfare.
This issue has led to confusion in the past over whether or not the execution of an immigration form establishes a duty to pay a minimal amount of spousal support in a Dissolution of Marriage action. Recently, the California Court of Appeals (1st District) took on this issue and determined that while the trial court may terminate spousal support, the duty to provide a minimal level of financial support to the immigrant spouse continues and that the immigrant has no duty to mitigate or reduce that obligation by attempting to find work. The case is In Re Marriage of Kumar (2017) California Court of Appeal 1 Civil A145181 13 Cal.App.5 th 1072, 220 Cal.Rptr.3d 863, 2017 FA 1800. The opinion is not yet published but can be found on the Court of Appeals website here: IRMO Kumar
While an appeal has been made to the California Supreme Court and this issue may not yet be settled, it is important for any sponsoring individual to understand that signing an affidavit of support of immigrant form to bring a spouse to the US has long ranging consequences and may supersede the spousal support obligation under California law, which may terminate prior to the obligation under immigration law.
