Legal Question in Family Law in New York
change in support
My ex-wife is remarried and has a new born daughter by her current husband. My ex-wife and I have 1 son together. My ex wife's current husband has 2 kids from a previous marriage who live with him 50% of the time. He pays no child support to his ex-wife. I currently pay my ex-wife $500 a month which is 17% of my income. My question is since she is remarried and lives with her husband who works do I still have to pay all this child support for my son? Or should I be paying a lesser amount?
3 Answers from Attorneys
Re: change in support
Unfortunately, your basic child support is based upon your income and the number of children that you have with your ex wife. There is always the possibility that a Judge will consider the income of the household and deviate from the basic support percentages. However, that is not an easy argument to make. If you would like to discuss this issue more in depth and explore your options, please call us at 518-383-1182 to schedule a consultation.
Re: change in support
No. You should not be paying a less child support, based upon nothing more than your Ex's remarriage.
Child support, is NOT spousal support. And, YOUR child support obligation, as the non custodial parent, is based upon a percentage of YOUR income.
Thus, Your child support obligation is not and cannot be based upon your Ex wife's new husband's income, assets or economic status.
Furthermore, your Ex's spouse DOES NOT have an obligation to contribute to, or support your child, in anyway.
Good luck,
Phroska L. McAlister,ESQ
Re: change in support
You have an obligation to support your children. Your ex's spouse has no legal obligation to expend any money for the support of your child.
Daniel Clement
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
