Legal Question in Family Law in New York

Child support

Hello, I just wanted to know what are the terms by which child support is calculated. My husband has three children from a previous marriage and we have three children ourselves. I know that it is calculated as 29% of his income, but do they include his present expenses and obligations to his family? We also have a mortgage and I am a stay at home mother; we are willing to make contributions to support his children of course, but is this done at the expense of his family? Also, we have the children for 1 month over the summer; is it possible for child support to not be paid during that time since the children are not in fact at their mother's? Thank you for your help


Asked on 9/08/05, 5:21 pm

1 Answer from Attorneys
Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: Child support

"Afterborn" children and a new spouse's support needs, are generally NOT considered by the Court, or computed in the child support formula, unless the Afterborn children and new spouse submit their applications and petitions for support to the Court, with their supporting documents, via the Respondent parent's Answer or a Separate motion, per the Court's requirement.

Child support is not usually suspended for or during a summer or vacation period.

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Answered on 9/09/05, 9:55 am


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