Legal Question in Family Law in New York
child support
My fiance and I are expecting a baby in a
few months. He already has one child
from a previous relationship, for that child
he pays health insurance, child support
and day care costs, which equals to more
then we can afford. Can he petition for a
downward modification after the baby is
born on the basis that now he needs to
provid for two children equally?
2 Answers from Attorneys
Re: child support
The Court may or may not downwardly modify your boyfriend's child support for his first child, after the birth of your child with him.
The formula for child support for children living in separate households does not require that the child support provided by the non custodial parent be equal.
It is a formula that includes consideration of total household income available for the support for each child, not just the payor parent's income and number of children.
Good luck,
Re: child support
Ms. McAlister is basically correct, but I would add that you might be able to fashion a petition to lower the support on the basis of changed circumstances. You should contact an attorney who can examine your situation in sufficient detail.
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