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What happens if the non-custodial parent claims they lost their job during a child support modification case?

Q: We have been back and forth to family court because he claims he does not have a W-2 and only provided 2 paystubs. This last time we were in court, he claimed his pay stub was wrong and that he will like to provide a letter from his HR. Coincidentally, last week, he claimed he lost his job and possibly on purpose. Can I still get an increase in child support since he has made more since the last time we were in court since 2009? Also, how can I prove he got himself fired to avoid the increase?


A: He ultimately has the burden to prove he lost his last job thru no fault of his own. Typically this is proven via a letter from his employer or receipt of UEB. if you dispute it from there, you can always subpoena the employer. Schedule a consult with a Westchester Child Support attorney for a full assessment.

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