Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-19-00097-CV Laura Zamora BERINGER, Appellant v. Michael BERINGER, Appellee From the County Court at Law No. 1, Webb County, Texas Trial Court No. 2017FLB001191C1 Honorable Hugo Martinez, Judge Presiding Opinion by: Patricia O. Alvarez, Justice Sitting: Sandee Bryan Marion, Chief Justice Patricia O. Alvarez, Justice Beth Watkins, Justice Delivered and Filed: April 1, 2020 AFFIRMED Laura Zamora Beringer appeals a final divorce decree. In the final divorce decree, the trial court ordered that Michael Beringer was obligated to support Laura at 125 percent of the federal poverty guidelines. This obligation was based on an I-864 affidavit of support that Michael signed to assist Laura, who is a Mexican citizen, in applying to adjust her status to a lawful permanent resident of the United States. On appeal, Laura contends the trial court erred in denying her request for arrearages based on the I-864 support amount Michael was obligated to pay from the date of their separation to the date the divorce decree was entered. Laura also contends the trial court 04-19-00097-CV erred in not awarding her reasonable and necessary legal fees that she was entitled to recover in enforcing Michael’s obligation. We affirm the final divorce decree. BACKGROUND Laura and Michael began a relationship while she was living in Mexico. In 2014, Laura moved to the United States to live with Michael. On June 3, 2016, Laura and Michael were married. In August of 2016, Michael signed an I-864 affidavit of support agreeing to provide Laura any support necessary to maintain her at an income that is at least 125 percent of the federal poverty guidelines for her household size. 1 Laura subsequently became a lawful permanent resident. In July of 2017, Michael filed for divorce, and Laura subsequently filed a counterpetition. In a paragraph of her counterpetition entitled “breach of contract,” Laura requested that Michael “be ordered to support her under his federal contractual obligation based on U.S. Immigration Law form I-864, Affidavit of Support, as per the statutory requirements until his federal obligation ceases.” On February 2, 2018, Laura’s attorney filed a memorandum of law regarding the I-864 support obligation. On February 5, 2018, and March 22, 2018, the trial court heard evidence, including Laura’s testimony that she “was working as a laborer” after the parties separated and “was working day and part of night to pay the fees from [sic] my attorney.” After hearing two days of evidence, the trial court granted the divorce but took the issue of Michael’s obligation 1 “Under 8 U.S.C. § 1183a, immigrants who are deemed likely to become public charges may gain admission to the United States if a sponsor signs United States Citizenship Immigration Services Form I-864 (the Affidavit), thereby promising to maintain the sponsored immigrant at no less than 125% of the Federal Poverty Guidelines for the immigrant’s household size.” Erler v. Erler, No. 12-CV-02793-CRB, 2017 WL 5478560, at *3 (N.D. Cal. Nov. 15, 2017). The sponsor’s “promise to maintain ...
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