Legal Question in Family Law in New York

Child support in guardianship case

Hello,

My husband and I are legal guardians of my niece.

We have filed for child support, and our current options are working something out ''amicably'' or going to court.

We are trying to figure out whether the ''amicable'' agreement is fair and a decent option.

As a result, we are wondering two things:

1. Whether or not, as guardians, the precedent is that our income figures into the 17%.

2. Whether or not, as guardians, the precedent is that the educational and medical expenses are split 50-50, or if the biological parents are assumed to pay 100% of those expenses.

Thank you very much!


Asked on 4/04/05, 9:53 pm

1 Answer from Attorneys

Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: Child support in guardianship case

Talk to your lawyer.

Or, have all interested parties, (ie., natural parents & other "interested" blood relatives) participate in discussions about how the child/ren

WILL be cared for, re specific financial obligations.

Note: generally a guardian is not primarily obligated for child support for a child that is not their own, unless otherwise specified or agreed.

Good luck,

Phroska L. McAlister,ESQ

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Answered on 4/05/05, 8:58 pm


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