Legal Question in Family Law in New York

Re: Child Support New York State

Assuming the child is not living with the step-parent, the income of the step-parent is not included in the calculation of child support. However, there are many areas of child support that are considered, including which parent should receive the income tax exemption for the child. In that case, the step-parent's income may be considered in that it impacts upon the tax-bracket of the parent who is paying tax.

If the child lives in the household with the parent and step-parent, the step-parent's income may be referred to when determining the standard of living the child would enjoy in the household and the level of support.

Finally, if the combined income of the parties is over $80,000 per year, the judge has discretion when awarding child support on the income above the $80,000. At that time, the judge may consider the step-parent as a part of the equation.