Documentation & Evidence
- Certain non-citizen litigants may face evidentiary issues that the court should be prepared to address and accommodate, when possible.
- Common evidentiary issues may include, but not be limited to:
- Lack of access to conventional documentation (i.e., lack of W2s or pay stubs)
- 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)
Evidentiary Judicial Considerations
- Sworn Testimony: 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.
- Testimony Opportunity: The payee should also be given an opportunity to give sworn testimony about their knowledge of the payor’s past earnings and ability to work.
- Petition to Modify: 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.
- Required Forms: Advise payor that they must file a motion to modify child support and provide change of address information in event that income or address changes and they become unable to comply with the order. Providing a simple handout describing the process is useful.
