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What happens if I apply for child support but the non custodial parent receives public assistance only?

Q: My child’s father was ordered to pay the minimum of $25 about 9 years ago , since then he has never had a job telling me he would never get a 9-5 simply because he’s not paying more than $25 a month. I am a single mother and have been the sole provider for our child who is now 12, the $25 payments do absolutely nothing then, and still today. What should I do? 

A: The Court has the ability to “impute” income based on his ability to earn income, whether he’s earning that income or not. Generally he has the obligation to prove he’s looking for full-time work commensurate with his education, work skills, etc. Schedule a consult with a Bronx Child Support attorney for a full assessment. 

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