Legal Question in Family Law in New York
Child Support payments when abroad
My fiancee lives and works in NYC. She is divorced and has a 9 year old son. The father, who also lives in NYC is the custodial parent. At present she pays 17% of her income voluntarily to the father. There is no court order involved. We intend to marry later this year. However, if she moves to the UK she will be legally prevented from working for at least 6 months until a work permit is granted. Therefore, her income will be zero. After that 6 month (maybe longer) period, I will be able to employ her in the business I own. My question is - Is she legally obliged to pay anything during her period of unemployment, and if her subsequent employment grosses less than her current $50,000 per annum, is she still only required to pay 17% of her gross income? The intention is for her to visit NYC at least every 2 months to see her son.
2 Answers from Attorneys
Re: Child Support payments when abroad
There are several issues present because of the absence of a court order. There is nothing requiring your fiancee to make the voluntary support payments so that if she stopped making them, the result would be either the custodial parent would do nothing or seek a court order.
However, you will need his cooperation on issues on visitation.
My suggestion is to enter a written agreement and reduce it all to writing.
Daniel Clement
Re: Child Support payments when abroad
Generally, voluntary reqlinquishment of employment income, is not considered appropriate grounds for the court to downwardly modify or terminate child support.
A parent always has a support obligation that courts tend to decide, supercede any subsequent obligations to third parties, such as a spouse.
Notwithstanding that, her support obligation may be based upon the income or value of support you provide to her; and provide the basis for downward modification.
I strongly reccomend laying out a written plan, proposal or agreement between the two parents and child,...before going to court to do anything.
Accomodation, accomodation, accomodation.
GOOD LUCK,
PHROSKA L. McALISTER,ESQ.
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