Q: What happens if custodial parent refuses to show their finances to the court for child support ?
Custodial parent refused to show his income and the non-custodial parent was homeless and unemployed at the time. DSS filed against non-custodial parent on behalf of the custodial parent. Non-custodial parent was ordered to pay $90 week and the custodial parent received money from DSS for the child when he had a good paying job. Why didn’t the custodial parent not have to show his finances ?
A: There is an old expression, "the law is an ass". In this case it is very applicable. The law requires both parties to produce their financial affidavit, but there is no penalty to the custodial parent for not doing so. Since basic child support is, in reality, based on the non-custodial parent's income, that is all that is needed for the court to make that determination. If child care and other "additional child support" is requested, then the custodial parent would have to produce their finances to determine pro-rata shares.
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