What happens if a non-custodial father has no income and can prove this to a judge

Asked about 1 year ago - New York, NY

What happens if a non-custodial father has no income and can prove this to a judge when paternity is established for a child? He shows up in a the legal time frame. He lives with his wife a different woman that earns a lot of money.

Attorney answers (5)

  1. David Ivan Bliven

    Pro

    Contributor Level 20

    5

    Lawyers agree

    Answered . The Magistrate can impute income to the father based on work experience and/or education, or may impute the portion of the support his wife is providing for him. Either way, he's probably better off just getting a job.

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  2. Philip Adam Kusnetz

    Pro

    Contributor Level 14

    4

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    Answered . Your "lack of income" is not the only information that the court will consider. You should speak with and retain an attorney.

  3. Peter Christopher Lomtevas

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . Then he pays next to nothing for support. The new wife's income does not count towards support.

    Good luck.

  4. Vel Belushin

    Pro

    Contributor Level 8

    3

    Lawyers agree

    Answered . Your new wife's income won't matter. The court will look at what assets you have and other criteria other than just income from a job.

  5. Christopher Irvin Simser

    Contributor Level 19

    1

    Lawyer agrees

    Answered . Absent a demonstration that he has the ability to earn more money and is choosing not to, he will be charged the statutory minimum of $25.00 a month.

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