Legal Question in Family Law in New York

Re: Child support

Clearly, your question contemplates divorce and I will respect your decision by answering you directly.

The best way to maximize any support for your son is to draft a 'separation agreement'. This will fix his obligations to you and your son at this time, when his gross income for this purpose is at its highest. While 17% is the legal minimum, a separation agreement can be negotiated for a HIGHER amount.

First to file for support gets the higher base income number. This is because the support to the other child is subtracted from the gross income.

Example: if his income is 100, then 17% goes to support. That would be 17. The next child gets 17% of (100-17=83). That would be 17% of 83. That is 14. 17 is higher than 14.

Its not fair, but that is Family Court arithmetic.

The separation agreement will keep your options open but fix his obligation to you. In fact, 17% is the minimum for support. A separation agreement can negotiate for a HIGHER amount.

Filing for divorce can also be done. If the filing is made before the date the petition for support is filed, then you are first in line.

You are welcome to a consultation for no fee. Email is best to make an appointment.

Re: Child support

Your situation sounds emotionally trying. I am sorry to hear that.

Your options depend, to an extent, on whether you plan to A) stay with your husband, or B) separate from him or get divorced.

If you plan to stay with your husband, then in most cases there would be no formal child support payments between him and yourself. If you separate and/or divorce, then -- if you will be the primary custodial parent -- he would have to pay child support to you for your child together.

Regardless of what you do, the mother of his outside child has the right to seek child support from him. Under NYS law, the

"presumptively-correct" amount of child support for 1 child is 17% of the non-custodial parent's (i.e., in this case, your husband's) gross income, minus NYC, Social Security and Medicare taxes he pays out. That is how to calculate the amount he should expect to have to pay for his outside child's support.

If you do plan to separate and/or divorce, and if you will be your child's primary custodial parent, then there may be an advantage to your separating/divorcing before "the other woman" seeks support, as whichever of you is first ordered to receive support may wind up having the support calculated on a higher base income. In other words, the second child support order is likely to be calculated on your husband's income AFTER the first support order is deducted -- the base would be less, and the resulting support amount would also be less.

Re: Child support

No one can answer your questions, or should tryt to advise you concerning this matter without first reviewing, in detail, the particular facts of your situation.

Therefore, if possible, both you and your husband should immediately sit down with an attorney with all of your financial information, in order to discuss your respective options and how you might proceed.

I know of a couple situations like you described, where the marriage continued and the parties' bond actually became closer and stronger. It can happen! But, that requires committment, hard work, sweat, tears and a mostly a foundation relationship, based on the mutual interests, and sentiments of the partners.

So, notwthstanding whether you chose to remain married or not, you also need to investigate therapy and counseling, for marriage, family and each of you. They are all separate entities, that You both have a lot to work on.

Good luck,