Legal Question in Family Law in New York
My husband of 13 years had an affair and now has a 3 year old child with her. We are still married and she took him to court for child support. He's in arrears 9866 although he's paying 330 a week we have 4 children of our own. My question is why is the court making him pay so much when he has a family to support and will they take our joint filed taxes to finish paying his debt?
1 Answer from Attorneys
Child Support is determined by a Family Court judge in most cases where the parties are not married and it is bascially based upon a formula contained within the Child Support Standards Act. Your husband's tax returns and pay stubs were likely reviewed, and then a straight calcuation was made. For example, if you and your husband have one minor child together and this child that resulted from the affair is his second child, then the two children combined would be entitled to 25% of his income as support. This means that the other child would get half of that, or 12.5%. If you want to take a look at the Child Support Standards Act chart, simply google "Child Support Standards Act NY" and you'll find countless websites with the chart as well as an explaination as to how to calculate Child Support for any family size.
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