Q: 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.
A: David's Answer: 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. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
I am a former Family Court prosecutor and handle all divorce and family law matters, including contested and uncontested divorces, child custody/visitation, child support/paternity, adoptions, family offense (orders of protection), child abuse/neglect and juvenile delinquency. I practice primarily in Westchester (White Plains and vicinity) and the Bronx (Riverdale and vicinity). My website can be found at www.blivenlaw.net.
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