Legal Question in Family Law in New York
Child Support
I have a tempory order to pay $100.00, to my ex girlfriend for our son. The referee, wants my present wife to pay for support to my child from my ex-girlfriend. Can she make my present wife pay 17 per cent of her pay to my girlfriend for her child. What legal recourse to stop this. Please advise me what to do. I'm on disablity and make only $600 a month.
2 Answers from Attorneys
Re: Child Support
I need more detailed information to assess your case. However, it would generally be improper to order, or even suggest, that your current wife pay support for someone else's child, assuming your wife is not the stepmother and her income is distinct from your own. Whatever the case, if the referee is actually directing an unrelated party to support the child, I would engage counsel immediately to ensure that the matter is properly addressed. Please do not hesitate to contact me to schedule a free consultation at your convenience.
Re: Child Support
There are many cases recorded where a judge overreaches his authority. Based on the facts presented, this is one of those cases. This is a very interesting case from an academic perspective. There are several ways to proceed in this matter; appeal to a higher court, injunction, just ignore the order because the judge so obviously does not have the power to issue this order.
But, of course, your interest is not academic or theoretical. It is practical and very real. I cannot imagine the anxiety and stress this is causing you. You are welcome to a consultation at no fee at my offices at 42 West 44th St, NY,NY. Please call for an appointment first - 646-591-5786.