Legal Question in Family Law in New York

Is a non custodial parent required to pay additional support if the custodial parent isn't working

Asked on 8/03/13, 4:13 am

1 Answer from Attorneys

Paula McGill Attorney at Law

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.

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Answered on 8/03/13, 1:04 pm


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