Legal Question in Family Law in New York
I live in nyc. my ex girlfriend and I have a 4 month old son together. Even though I am volunteering to pay child support without law enforcement, she wants to take me to court for child support because she knows I'm expecting a lump sum from a settlement in a negligence/injury case that happened long before meeting her when I was 17 yrs old. My question is, can the court use that as part of my income for childsupport even though I've been voluntaraly giving her checks for my son every week? Thank you, Jay
1 Answer from Attorneys
Generally, the answer is no. Money from personal injury settlement is not income. However, just because you are giving money to the ex does not mean that child support will be the same amount. Family Court will calculate child support under the Child Support Standards Act using your income to calculate the amount.
Mike.
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