FCA Article 4 - Child Support

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.