Legal Definitions - means of support

Means of Support

The term "means of support" refers to the financial resources, assets, or income available to an individual or family that enable them to meet their living expenses, maintain their standard of living, or provide for their basic necessities. It encompasses all forms of financial provision, whether from employment, investments, government benefits, or other sources. In legal contexts, it is often assessed to determine an individual's financial capability or obligation.

Here are some examples illustrating "means of support":

• Family Law - Spousal Support: After a divorce, a court might assess the "means of support" of both former spouses to determine if one party needs to pay spousal support (alimony) to the other. For instance, if one spouse has a high-paying job and significant investment income, while the other has been out of the workforce for years raising children and has no independent income, the court would recognize the disparity in their "means of support."

  This illustrates the term because the court is evaluating the financial capacity and resources each individual possesses to sustain themselves, and based on this assessment, it may order the spouse with greater "means of support" to assist the other.

• Immigration Law - Financial Sponsorship: When someone applies for a family-based immigration visa, a U.S. citizen or lawful permanent resident often needs to act as a financial sponsor. This sponsor must demonstrate sufficient "means of support" to ensure the immigrant will not become a financial burden on the U.S. government. For example, the sponsor might submit tax returns, pay stubs, and bank statements to prove they earn above a certain income threshold and have enough assets to support the incoming family member.

  Here, "means of support" refers to the sponsor's verifiable financial capacity to provide for the immigrant, preventing them from needing public assistance.

• Elder Law - Guardianship: If an elderly person becomes incapacitated and a guardian is appointed, the guardian is responsible for managing the elder's "means of support." This could involve overseeing their pension, social security benefits, investment portfolios, and real estate to ensure these resources are used for the elder's care, housing, medical needs, and other living expenses.

  This example demonstrates "means of support" as the collective financial resources and assets that are managed to provide for the elder's well-being and maintain their quality of life.