Legal Question in Family Law in New York

Child Support Laws - 2nd Wife's Salary Considered?

My husband is divored and is currently paying his ex $2500/month in child support and $2500/month in maintenance. Maintenance ends April 2010. My husband and I almost anticipate that the ex will bring him to court come 2010 to have child support increased or money awarded for additional items. BTW..in addition to the cs payments, he provides 5K/year for extra-curricular activities. Ex makes approximately 40K/year. My husband makes 120K/year and I make 110K/per year. Will my salary come into play? Will it be considered by the courts while rendering their decision? Is there anyway around it? I firmly believe a man should supoprt his children and believe me, they get many extra's in addition to CS payments and extra-curricular...its just that I would like to make sure that whatever I make gets allocated to my choosing and not the courts.


Asked on 5/14/09, 10:35 am

1 Answer from Attorneys
Kristen Browde Browde Law, P.C.

Re: Child Support Laws - 2nd Wife's Salary Considered?

Ordinarily your income would not be considered by the court - at least not officially. The responsibility for support is not something that runs to the new spouse.

The best course of action is for your husband to consult with and retain experienced counsel to represent him at any upcoming hearing.

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Answered on 5/14/09, 10:49 am


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