Wednesday, April 17, 2013

If a noncustodial parents income doesn't increase can a judge increase child support?

Q: Noncustodial parent is on public assistance married and has two dependents.

A: David's Answer: If the non-custodial parent is on public assistance, it means s/he isn't working. However, just as they must make a diligent search for a job and/or participate in workfare or jobs training programs as a condition of their continued receipt of benefits, they can be required to submit the same proof to the Support Magistrate. Indeed, the Magistrate is entitled to make an independent determination as to whether his/her job search is "diligent" and if it is not, can consider making a "needs-based" order. -- David Bliven, Weschester Child Support lawyer (

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