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plaintiffdefendantdamagesaffidavitwill

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Santana v. Hatch,

Facts

Evelyn Santana and her minor children claimed that Billy Hatch, who signed I-864 affidavits of support, failed to provide the required support at 125% of the federal poverty level. The court found that the plaintiffs' household income was below the required level during the relevant years, and they lived with the defendant for part of 2012. The court determined damages based on the difference between the required support and the plaintiffs' income.

In its April 29 order, the court explained that the fairest way to calculate damages for 2012 would be to compare a prorated 125% poverty level, based on the portion of the year in which the parties were separated, with the income plaintiffs actually earned after their separation.

Issue

Did Billy Hatch breach his duty to support Evelyn Santana and her minor children at 125% of the federal poverty level as stipulated in the I-864 affidavits of support?

Did Billy Hatch breach his duty to support Evelyn Santana and her minor children at 125% of the federal poverty level as stipulated in the I-864 affidavits of support?

Rule

The court applied the principle that damages in cases like this are generally determined by comparing the required level of support owed by the defendant (125% of the poverty level) with the plaintiffs' income for a given period.

Damages in cases like this one are generally determined by comparing the required level of support owed by defendant (125% of the poverty level) with plaintiffs' income for a given period.

Analysis

The court analyzed the income of the plaintiffs and the required support level, concluding that the fairest way to calculate damages for 2012 was to compare a prorated 125% poverty level based on the portion of the year the parties were separated with the income the plaintiffs earned after their separation. The court found that the plaintiffs were entitled to damages for the years 2012, 2013, and 2014 based on this analysis.

In 2012, plaintiffs' household income was $18,293.00. The 125% poverty level for a family of four for that year was $28,812.50. In 2012, however, plaintiffs lived with defendant from January 1, 2012 until May 1, 2012, or 121 days out of 366 days.

Conclusion

The court concluded that the plaintiffs were entitled to a total of $31,460.97 in damages and ordered the defendant to maintain the plaintiffs at 125% of the poverty level on an annual basis.

Accordingly, defendant will be required to maintain plaintiffs at 125% of the poverty level, adjusted annually as shown at https://aspe.hhs.gov/poverty/index.shtml , until: (1) defendant's death; (2) plaintiffs' death; (3) plaintiffs become U.S. citizens; (4) plaintiffs can be credited with 40 quarters of work as defined in 8 U.S.C. 1183a(a)(3); or (5) plaintiffs depart the United States permanently.

Who won?

Evelyn Santana and her minor children prevailed in the case because the court found that Billy Hatch breached his support obligations under the I-864 affidavits.

Evelyn Santana and her minor children prevailed in the case because the court found that Billy Hatch breached his support obligations under the I-864 affidavits.

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