Legal Question in Family Law in New York

Re: Child support

Mr. Kaufman is correct. There are many people and organziations that can help you to establish your own home within your own budget. Considerable government assistance is available to you.

Re: Child support

Each parent is legally obligated to support their child. The law requires that the total income of both parents be first determined. Each parent is then responsible for a portion of the child's support--based upon their share of the income.

It is possible that the father may be required to pay more towards the child's support--even while living with you and the child. Keep in mind that a court could consider that at least part of the rent paid by the father is going towards the child's support.

If you need further assistance with this, or any other legal matter, please feel free to contact me.

Re: Child support

Yes, You may Petition the Court for Child Support, while residing with your child's father.

However, your should be prepared to move, when your child's father becomes pissed at initiation of a court action, for what he apparently believes, he is already providing, ie., "basic" child support.

"Basic" Child Support usually refers to providing for a child's need for housing, food and clothes; or the basics of existence.

Please note, it would also be unreasonable and unhealthy for you to act unilaterally, without discussion., no matter what you decide to do.

You should discuss with your child's father your need to move and establish your own household, given the present circumstances. (The present circumstances being, that you are not building a cooperative life together, ie., your'e not on the same page and you have different priorities. You find the situation oppressive, etc.). Ask for his thoughts, cooperation and assistance, in order for you to begin the process of moving on with your life, in the best interests of all parties, and in the most peaceful way you can.

Good luck,

Phroska L. McAlister,ESQ

Re: Child support

Both parents are legally obligated to support their children. However, in order to obtain an order of support against the other parent, one must ordinarily be found the custodial parent. If there is no order granting you legal custody and the other parent resides with you and the child, then you are effectively sharing custody and may not be entitled to receive an order of support. On the other hand, depending on the economics of the household, and the proportionate contributions of the parents in light of their respective incomes, it may be worth filing a petition. In cases of shared custody, where the child does not reside with either parent for a clear majority of the time, the parent earning less can be regarded as the custodial parent for the purposes of determining child support obligations. Feel free to call my office if you wish to discuss your situation in greater detail.

Re: Child support

I would also note that child support may be viewed as an entitlement of the household where the child resides, and not just of the custodial parent. In this respect, the presence of the father in your home may present a barrier to obtaining an order of support.