Legal Question in Family Law in New York
child support modification
I need to find out if my ex husband can have my current husband's salary figured into my child support payments. We were required to include his tax return information when I went through the divorce in the first place, although I wasn't married to my current husband at the time.
In NY state, does can a current spouse's salary be figured into the child support payments?
I appreciate any information that you can give me.
Thank you.
Stacey
1 Answer from Attorneys
Re: child support modification
A paramour or current spouse's income or assets are not usually considered in a child support proceeding for a child that the spouse is not responsible for., unless the defendant or respondent parent is claiming "no income" or visible means of support, but for the support provided by the paramour or spouse.
The Court could then "conclude" or decide that 1/2 of the spouses' income is available for application of the child support percentages, since the parent is presumed to be entitled or interested in that portion of the spouses' income.
Good luck,
Phroska L. McAlister,ESQ
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