Legal Question in Family Law in New York

Re: disability and support

All of the children of the marriage are listed, in your divorce complaint, whether minors in need of support or not.

Child support is upon disability, SSI, pension income, as well as wage income.

In NY, you are obligated to pay child support for all children under age 21, unless a child is emancipated (self supporting, in service, etc.)

The Payments made by third parties (for your child/ren, due your prior contributions or service need not be listed).

Whether you will be required to pay spousal support depends upon your income, your spouses income AND her need for support. (Please Note, spousal support is deductible to the payor and taxable income to the payee, whereas child support is not deductible).

Your spouse may be eligible to receive SSI income based upon her or your eligibility; which may relieve you of direct payment to her, in the event spousal support is needed.

Try discussing your concerns with your spouse before proceeding, to learn her thinking and conerns; and to avoid unecessary aggravation, in court.

GOOD LUCK,

PHROSKA L. McALITER,ESQ.