§ 437 Presumption of sufficient means

If you're the person being asked to pay support for your spouse or children under 21, the court starts out assuming you have enough money to pay. You don't need proof to be presented first showing you can afford it. The court just takes it as a given from the start.

This means the burden is on you to show otherwise if you don't have enough income or resources to pay support. If you believe you can't afford the amount being asked, you need to bring evidence to the hearing that proves this. Without that proof, the court will assume you're able to pay what's being requested.

This rule comes up in hearings about support orders and when someone claims they violated a support order because they couldn't afford to pay. In both situations, you start out in a weaker position unless you can show real facts about your income, expenses, or financial situation that prove you don't have the means the law assumes you have.