In re Marriage of Adeyeye and Faramaye

San Bernardino, California family law lawyers represented the husband and wife in a divorce action.



In this marital dissolution proceeding, Sunday Adeyeye(Adeyeye)appeals from an orderrequiring him to pay support to Adebukola Faramaye(Faramaye), his immigrant spouse, pursuant to an I-864affidavit of support (I-864 affidavit).Adeyeye signed the I-864 affidavit, undertaking financial responsibility for Faramaye as a condition of her immigration to the United States.As required by the I-864 affidavit, Adeyeye agreed to maintainFaramaye's income at no less than 125 percent of the federal povertyguidelines.Adeyeye subsequently filed a petition for dissolution of marriage, and Faramaye sought a supportorder based on theI-864 affidavit. Thetrial court granted Faramaye's requestand orderedAdeyeye to pay$1,569 per month, which corresponded to 125 percent of the federal poverty guidelines.In doing so, the court declined to consider Faramaye's income.



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The orderis reversed. On remand, the court is directed to reconsider Adeyeye’s support obligation underthe I-864 affidavit and to consider Faramaye’s income whendetermining the extent of Adeyeye’s obligation.Adeyeyeshall recover his costs incurred on appeal.