Legal Question in Family Law in New York

Re: Income for support

As I understand it, your boyfriend has custody and an order of child support in his favor. The standard for modifying the order depends somewhat on how the order came to be and, of course, the terms of the order itself. At the very least, however, the mother must show a change of circumstances warranting modification. If she is paying support in accordance with the statutory guidelines and her earning-capacity hasn't changed, there's probably no basis for modification. Even if the court entertains modification, your income would not be considered, except to the extent that it may be imputed to your boyfriend. Your boyfriend should consult an attorney before answering the petition or appearing in court.