Legal Question in Family Law in New York
Child Support Obligations
My husband is currently not working because he is in a drug rehabilitation program. He has no income coming in at the moment and is waiting to see if he can collect unemployment until he returns to work.
He petition the court to have his child support lowered from $680 a month until his financial situation changes. The judge told him that if I, his spouse was working I was responsible for making his payments. Can I be held liable for paying child support for a child that I have nothing to do with? Can they take money out of my wages? What are my rights? Can I petiton the court myself to have my say in the matter since I am basically the one supporting him? Thank you for your help.
1 Answer from Attorneys
Re: Child Support Obligations
The basic law is that you are not responsible to support a child who is not your own. It appears to me that either the judge did not understand the entire situation or you misunderstood what he said. You need clarification on this. Keep in mind that this advice is based purely on the little bit of information that you have given to me. There may be other factors that would change my opinion. Further, no one can rely on advice from an attorney who has not been retained. Since you have not retained an attorney in this case, before you take any further action, you should contact an attorney (either me or someone else) to discuss your matter in more detail. Only then will you be able to rely on the advice. I will be happy to assist you. However, you need to call me at 856-546-8010. If you mention LawGuru, there will be no charge for your first consultation. Good luck! Rob Gleaner
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