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.
Immigrants and State Courts
The New York Family Court Act & Federal Immigration Law, Policy & Enforcement