Legal Question in Family Law in New York

Re: Child Support

No. Your income will not be used for calculating his child support payments.

Daniel Clement

Re: Child Support

It is possible, the EX, can ask for a child support increase. But, it unlikely the Court will grant her Petition, based upon your income alone; and the "payor" parent remains gainfully employed and self supporting.

But, please note, the Courts do consider that an "undivided" 1/2 of a spouse's income and assets, acquired during a marriage are income and assets that belong to the other "untitled" spouse, that can be considered in child support calculations and awards. However, they are not usually onsidered, unless the Non Custodial parent's income is insufficient or inadequate to meet the child's basic needs for support.

You might also consider a Formal Pre or Postnuptial Agreement,with Notices, concerning the financial arrangement and understanding you have with your spouse, re his preexisting obligations. And, after consultation with your accountant, you might decide to continue filing separate tax returns and maintaining separate accounts, in order to avoid subjecting Your personal finances to the Court's and the EX's scrutiny.

Keep in mind, that in the event the Ex Petitions the Court for a child support increase, the Court does not automaticaly obtain juridiction over your person or property, merely because of your marriage. But, your spouse can be Ordered to produce or disclose any tax returns filed by him or on his behalf, jointly or separately.

Good luck,

Phroska L. McAlister,ESQ