Is a non custodial parent required to pay additional support if the custodial parent isn't working
1 Answer from Attorneys
If the court orders the parent to do so, it has to pay extra.
If the custodial parent files for additional support, one defense may be voluntary unemployment. In other words, the parent can work, but chooses not to do so. The court will determine if that parent is a malingerer.
Also licensed and practicing in New York.