Montgomery County OCSE, Ex Rel. Carlos Palomera-Valdez v. Algeris Arias

Child support: Factors beyond parent’s control: Immigration status

CSA No. 678, Sept. Term 2011. Unreported. Opinion by Matricciani, J. Filed Oct. 3, 2012. RecordFax # 12-1003-00, 12 pages.

Where the evidence showed that a woman had not taken any steps to adjust her immigration status in order to meet her child support obligations, the circuit court erred in holding that it lacked discretion to impute any income to her due to her inability to obtain employment without breaking the law.

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