Legal Question in Family Law in New York

Re: Child support

If the court properly instructed you upon entering the agreement, your duress claim will likely fail. You will need to show a significant change in circumstances to modify custody. Your new husband's income is not, in and of itself, considered in awarding child support to your ex-boyfriend. However, to the extent that his contributions to your househld may be imputed as income to you, it may be a basis for increased support. I would need to hear about the past and present circumstances of your case in order to give you proper advice. Fee free to call me at 212-367-9167.

Re: Child support

This must be a difficult situation for you.

There are a number of legal issues here. The duty to pay child support attaches to you personally, therefore your husband's income cannot be attached.

Regaining custody is also possible. Your marrriage represents 'changed circumstances' and the facts supporting 'duress' are also important. You must file a petition (motion with notice) with the court.

You are welcome to a consultation at no fee at my offices at 42 west 44th st., NY,NY. Please call for an appointment first. (646) 591-5786