Fraudulent Marriage – Annulled!

Ever hear of a marriage based on lies and deceit?  I think everyone has, but never have I seen it laid out as clearly as is done in the opinion below:

Montenegro v. Avila

In this case, a man and woman met on an internet dating site.  The man initially claimed to be an engineer in Florida while the woman honestly stated she lived in El Paso.  The man finally, after they began to talk about meeting, told her that he could not visit her in Texas because he was in Bogota, Colombia, and could not get a visa.  The couple met in Mexico, where the man proposed.  He was turned down, but did get $200 to make his way back home. Later that same year, the woman traveled to Colombia, was proposed to, and accepted.

Man, now Husband, gets woman, now Wife, to apply for a visa for him.  He gets to the United States, get Wife to open bank accounts in both of their names, and begins withdrawing funds.  He doesn’t work until almost a year later, but instead begins the residency process.  On and on it goes…

Then Husband finds out about the Violence Against Women Act and how it can be twisted to circumvent the typical visa/residence restrictions.  The same day he learns about this he turns himself into a domestic violence center and reported he was being abused physically, verbally, mentally, and sexually.  He eventually leaves with the money he’s taken and other ill-gotten goods and moves to another city.

Wife filed for annulment, he filed for divorced.  Guess who won?  Wife – the marriage was annulled on the grounds of fraud.  Very interesting.  I’m not an immigration attorney, but I’ll bet that if that marriage visa was based on fraud, as could be concluded by the annulment being granted, he would probably have to leave the country, hence his need to appeal and our ability to read a very interesting appellate decision describing this case!

How to Pursue Contractual Alimony and the Remedies Available

Before reading this post, make sure you know if the payments are contractual alimony or spousal maintenance.  My prior post on the topic should help.

If a spouse (now ex-spouse) fails to pay contractual alimony, your remedies are the same as if they had breached any other contract.  You look for the damages you suffer, which include both the payments outlined in the decree that the ex-spouse has not paid, any foreseeable damages, and attorney’s fees.

The missed payments should be easy to figure out.  Tally up the amounts the ex-spouse has not paid.

Attorney’s fees are available through the Texas Civil Practice and Remedies Code section 38.001.

Foreseeable damages would be any additional penalties, fines, and other monetary amounts that the spouse could have foreseen you would suffer by their non-payment.  For example, if the payments were known to be used to pay a mortgage, the paying spouse failed to make multiple payments, and the mortgage was foreclosed and the house lost, you could argue any additional penalties/fees, moving expenses, and perhaps other expenses were foreseeable and should be compensated.

Some issues for the suing party to consider are whether the ex breach the entire agreement or whether the breach was only of the specific payments not made.  Things get more complicated here, since sometimes parties argue the contract was modified by different events or a pattern of past behavior, as well as the more limited breach of an installment contract versus the total breach.  If arguments like this begin to surface, consult a lawyer familiar with this topic.  It will serve you well, and in this setting, contingency fee contracts or retainer agreements are both typically available, depending on the firm.

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