Evidentiary Issues & Judicial Considerations

• Common evidentiary issues non-citizen litigants may face include, but are not be limited to:
  • Lack of access to conventional documentation (i.e., lack of W2s or paystubs)
  • Fluctuating or unpredictable income wages/salaries (i.e., seasonal employment)
  • Income impacted based on lack of access to local, state or federal benefits (i.e., lack of health benefits)

Judicial Considerations

• Child support magistrates should take detailed sworn testimony from both payor and payee about their incomes and work histories. This should include income, assets, and work schedule. Calculate adjusted gross income based on average monthly earnings in the past year.
• The payee should also be given an opportunity to give sworn testimony about her/ his knowledge of the payor’s past earnings and ability to work.
• After a child support order has been entered, magistrates should advise both the payor and payee that they may file a petition to modify the child support order based on a change in circumstances.
• Advise payor that s/he must file a motion to modify child support and provide change of address information in event that income or address changes and s/he becomes unable to comply with order and provide a simple handout describing the process.