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Can I ask for support from a father’s spouse in a child support case?

Q: My kids father doesn’t pay child support and works off the books. He told me he doesn’t have any intentions on giving me any support and will tell the judge that he’s on public assistance and works as a handyman( off the books). I recently found out he got married and I wanted to know with that being said, will the judge consider his spouse’s income during the case? and am I even able to ask the judge for such a request as he will keep his marital status a secret.

A: David’s Answer: The court will not impute income to him from the spouse, unless she’s helping to defray some of his expenses. Otherwise, the court can only impute income to him based on his education & work experience. Schedule a consult with a Bronx Child Support attorney for a full assessment.

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