Villars v. Villars
Decision Date | 31 October 2014 |
Docket Number | No. S–15280.,S–15280. |
Citation | 336 P.3d 701 |
Parties | Richard J. VILLARS, Appellant, v. Olga H. VILLARS, Appellee. |
Court | Alaska Supreme Court |
Richard J. Villars, pro se, Marrero, Louisiana, Appellant.
No appearance by Appellee.
Before: FABE, Chief Justice, WINFREE, STOWERS, MAASSEN, and BOLGER, Justices.
Richard and Olga Villars were married in Ukraine in 2004. Richard, who is a U.S. citizen, signed a Form I–864 affidavit of support in which he agreed to maintain Olga and her daughter, Linda, at 125% of the applicable federal poverty rate. Olga and Linda came to Alaska, and Richard and Olga later divorced. For several years Richard and Olga have been litigating Richard's I–864 support obligation.
After a previous appeal by Olga regarding Richard's obligation for the first eleven months of 2010, we remanded the case to the superior court to resolve Richard's obligation for that period, which is no longer at issue.
The parties have continued to dispute Richard's I–864 obligations for 2009, December 2010, and all of 2011, 2012, and 2013. Following a series of hearings and orders in the superior court relating to these years, Richard filed this appeal, alleging a variety of errors by the superior court regarding its calculations of his obligations and potential offsets against those obligations. Because the superior court properly rejected Richard's attempt to relitigate issues resolved in earlier proceedings, we affirm the superior court's orders rejecting those claims. We remand for further factual findings on issues not yet resolved.
Many of the relevant facts in this case are the same as those in the previous case involving the same parties, Villars v. Villars (Villars I ).1 Our decision in that case provides much of the factual background relevant to the present appeal:
We concluded in Villars I that the superior court correctly adjusted Richard's support obligations to account for Olga's move to California, Linda's temporary absence from Olga's household, and Olga's earnings.4 We noted that the findings of fact and conclusions of law accompanying the couple's 2009 divorce decree “incorporated Richard's support obligations under the INS Form I–864 affidavit and stipulated that this obligation was governed by federal law,”5 which required Richard to maintain Olga and Linda “at an annual income that is not less than 125 percent of the Federal poverty line.”6 Remarking that “a sponsor is required to pay only the difference between the sponsored non-citizen's income and ... 125% of [the] poverty threshold,”7 and citing federal court precedent as indicating that “a sponsor's support obligations must be adjusted downward when a family member leaves the household,”8 we concluded that the superior court properly reduced Richard's support obligations to account for the time Linda lived with Richard instead of with Olga.9
We also determined in Villars I that the superior court erred in calculating the contributions of support by George, Olga's new husband, to Olga and Linda. We remarked that “George testified, in apparent contradiction, that (1) he contributed $24,000 to the support of Olga and Linda during 2010, and (2) that his entire earnings for 2010 were $24,000, of which some went to his own support.”10 Observing that George's support was “sporadic and variable due to the significant disruptions in their living arrangements during [2010],” we concluded that the superior court's approximation of George's contributions was not sufficiently precise and remanded for a more accurate calculation.11
On remand,12 the superior court calculated more precisely the qualifying support that Olga received in 2010. The superior court looked to Olga's wages, the support she received from George for various expenses, and the support she received from Richard. It determined that these resources exceeded the amount that Richard was obligated to provide pursuant to his I–864 affidavit and concluded that Richard had no further obligation to Olga for 2010.
Although the parties had begun to litigate Richard's obligations for years other than 2010 before Villars I was decided, that case addressed Richard's obligations only for 2010—indeed only for the first eleven months of that year.13 The present appeal relates to Richard's obligations for 2009, the last month of 2010, and 2011, 2012, and 2013.
In the superior court's March 29, 2011 order concluding that Richard owed Olga nothing further for 2010, which was the basis for Olga's appeal in Villars I, the superior court also calculated Richard's obligations for 2011 and future years.14 For 2011 the superior court determined that Richard should provide Olga 125% of the applicable federal poverty guideline for a family of two persons, or $1,532.29 per month. For future years, the superior court directed the parties to calculate Richard's support obligation on their own, using the applicable federal poverty guidelines minus offsets.
Throughout 2012 and the spring of 2013, Olga filed various motions asking the superior court to order Richard to make support payments to her. Olga framed her motions in terms of enforcement of the divorce decree provisions regarding Richard's I–864 support obligations, and also in terms of enforcement of the superior court's orders since the divorce. Richard opposed Olga's motions and in April 2013 filed a motion of his own seeking reimbursement of a portion of his support payments for 2011; he alleged that Olga earned income in 2011 but failed to disclose it, causing him to overpay her by $4,163.60.
The superior court issued various orders regarding Richard's support obligations for years other than 2010, some while Villars I was pending. In May 2013 the superior court held a hearing on the motions filed as of that time and not yet resolved, and on ...
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