OKSANA HOLDER is an attorney at Hallier & Lawrence PLC, Phoenix. She practices in the area of family law. Ms. Holder first encountered the
immigrant support issue when an attorney friend sought help with a research project. She recently encountered a case in her own practice dealing
with the issue, which sparked her interest to write this article.
18 ARIZONA ATTORNEY APRIL 2014
BY OKSANA HOLDER
Diana, a U.S. citizen, is married
to Alex, a Russian immigrant. The
couple has two minor children. Diana
earns $35,000 per year, which, after
taxes, equates to approximately $2,300
per month. Alex was employed in Russia,
and he occasionally works as a handyman in
the United States. After their first child, Alex
became a stay-at-home father while Diana continued working full time.
The couple is now divorcing. Alex is not employed. Diana pays all the
expenses for the children’s health insurance ($130 per month) and child
care ($300 per month). Alex has 115 annual parenting time days.
What a surprise when Diana finds out that, not only will she not receive
any child support, but she will be required to support Alex indefinitely.
This outcome may not seem equitable—but it is a potential reality under
the current federal immigration laws.