Contracts and Standing and Support, Oh My!
| Publication year | 2017 |
| Author | Nathan Gabbard |
Nathan Gabbard
Nathan W. Gabbard practices family law at Trabolsi & Levy, LLP in Santa Monica, CA. In 2016, he became certified as a family law specialist by the State Bar of California, Board of Legal Specialization and has been designated as a "Super Lawyer Rising Star" in 2017. Mr. Gabbard serves on the Leadership Council of the Los Angeles Center for Law and Justice (LACLJ) and the Executive Committee of the Beverly Hills Bar Association - Family Law section. He has also been a member of the Executive Committee on the LGBT Bar Association of Los Angeles. In the past, he has volunteered as a presenter of Safer Community workshops, providing information and opening a dialogue with college students about domestic violence, and has presented at the Inn of St. Ives at Southwestern Law School regarding gun violence restraining orders.
Danny wants to start a construction project. In fact, for many months, he has been telling all of his friends about the idea to construct a tall, vertical plane separating two distinct spaces. However, Danny does not want to pay for the construction project. One day, Danny meets Ernie, who is skilled in construction. Ernie offers to construct the tall vertical plane for Danny. Danny and Ernie each sign a written agreement that outlines the work that Ernie will perform and the amount Danny will pay for Ernie's services. Danny and Ernie both sign the written agreement. Ernie builds the structure according to the scope of work identified in the written agreement. But, Danny refuses to pay. Ernie consults an attorney to find out if he has any remedies. What issues are presented?
As Danny's and Ernie's situation demonstrates, the application of contract law principles arises in a variety of shapes and forms. The practice of family law is no exception. Family law practitioners are familiar with applying contract law principles when interpreting the language of stipulated judgments or determining if an oral agreement to support adult children can be enforced.
In Kumar,1 a case of first impression, the First District examined a contract claim that arose in a state court family law proceeding. The claim was based on an agreement by one spouse to support the other spouse. However, the agreement originated outside of the family court proceeding. Specifically, the husband had signed an affidavit that he was required to submit to the federal government as part of his petition to sponsor his wife for an immigration visa.
For context, there are a variety of methods for a foreign citizen to obtain the status of lawful permanent resident in the United States. Commonly, to do so requires being sponsored by a U.S. citizen, lawful permanent resident, immediate relative, or prospective U.S. employer.2 According to the Department of Homeland Security,3 in the first half of the fiscal year 2017, approximately 559,000 individuals obtained lawful permanent resident status in the United States. About one-half of all lawful permanent residents in fiscal year 2017 obtained such status as immediate relatives of U.S. citizens, while about two-thirds obtained this status either as immediate relatives or under a family preference category. More than 116,000 obtained status through family-sponsored preferences. In comparison, only about 13% of lawful permanent residents obtained such status through employment-based preference during the same period.
During the first quarter of fiscal year 2017, the U.S. Citizenship and Immigration Service received 160,510 petitions for lawful permanent resident status for an "immediate relative." Of those, 13,187 petitions were filed in...
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