Legal Question in Family Law in New York

Child Support Reduction when parents remarry

My ex-girlfriend just married and has a child on the way with her new husband. She got laid off but had planned to quit anyway because she doesn't want to work anymore when the new baby is born. I am paying 17% child support,plus 50% childcare and 70% medical, for mine and my ex's son. My wife and I are planning to start a family of our own soon, and finances are tight. We want to know if we have a chance at receiving a downward modfication of support, because my ex has chosen not to work anymore, is doing nothing to help support our son, and now has no household expenses as a single parent, because of her marriage.


Asked on 7/20/04, 1:22 am

1 Answer from Attorneys
Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: Child Support Reduction when parents remarry

You do not have grounds, nor are you entitled to downward modification of YOUR "basic" child support obligation; nor reduction of your pro rata share of medical (which could increase if the mother is not covered).

The child support and "Add Ons" you pay is based upon Your income and obligations. It is not based upon a requirement that the custodial parent have an outside job and remain a single parent.

However, If the child care "add on" has been reduced or eliminated because your child no longer goes to the babysitter, nor attends a nursey school day care program, or other similiar program...then you may petititon for modification of the CS Order to omit the child care "Add On."

GOOD LUCK,

PHROSKA L. McALISTER,ESQ

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Answered on 7/21/04, 9:33 pm


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