Judicial Challenges in Child Support Proceedings
- Federal immigration laws will often place restrictions on or will prohibit employment of certain non-citizens.
- Non-citizens may not have the documentation required for support enforceability and income deductions.
- Most child support litigants are pro se.
- If litigants disclose immigration status, support magistrates should not comment, but should remain impartial and decide the case pursuant to the Family Court Act, irrespective of the litigant’s immigration status.