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Can the judge ignore income eligibility for court appt attorney?

Q: The father of my kids was assigned a court appointed attorney. In 2019 he reported to the judge his income was 42,000. At they time we were told neither qualified. In 2020 he reported an income in the child support hearing of 33,000. In 2021 he reported in court an income now of 40,000. Based on the eligibility for appointed counsel he should not qualify. He is aware that I will have to pay an Attorney and now wants to go to trial.

A: The eligibility standards have changed – though only guidelines still exist & it remains up to the individual Judge to rule on eligibility. Current standards are that one presumptively qualifies if one makes a NET PAY less than 250% of the poverty line. Call a Bronx Child Support Attorney for more info.

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