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Father Must Pay Support to Child in India
An Indian father who remains in the United States while his child and her mother live back in India must pay child support according to U.S. guidelines, a Pennsylvania Superior Court panel has ruled in an apparent case of first impression.
The Case
In Nischal v. Nischal, the judges affirmed a Lehigh County judge's decision to order that Manu Nischal pay $498 per month to support his 3-year-old daughter Aprajita, who lives in India with her mother Sudha Nischal. The court reasoned that the father moved to the U.S. to improve his standard of living by increasing his earning capacity; he then argued that his daughter should not benefit from the improvement. Furthermore, there was no evidence that the award was oppressive or confiscatory.
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