Legal Question in Family Law in New York

Child Support Question

My ex-wife and I have two children together. Each of us have custody of one of the children and neither are currently paying support to the other, as our income levels are the both below the poverty level and the orders for each would be equal. I am married and my wife is currently the bread winner in the family while I am taking part in a displaced worker program after being laid off two years ago. (Even including my wife's income, we are still below the poverty level cap). My ex-wife has recently been given cash public assistance and Social Services is now suing me for support for the child she has custody of. I have subsequently filed a petition for support for the child I have custody of, hoping to maintain the zero order. Will the fact that she's on Public assistance mean a difference in what we each have to pay?


Asked on 5/30/03, 6:18 pm

3 Answers from Attorneys
Andrew Nitzberg Andrew Nitzberg & Associates

Re: Child Support Question

This is a problem for Legal Aid Corp (the govt funded low-income legal assistance group). They deal with this and similar questions every day and can give you a better answer than I or any othe rprivate attorney. Good luck.

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Answered on 5/30/03, 7:25 pm
Debra Palazzo Law Offices of Debra Palazzo, LLC

Re: Child Support Question

It is mandatory that a single parent w/ child who receives public assistance file for child support.

The judge will prob not order any based on what you stated.

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Answered on 5/30/03, 9:29 pm
Seth Kaufman Seth M. Kaufman

Re: Child Support Question

I concur with Lawyer Palazzo.

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Answered on 5/31/03, 12:25 am


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