Legal Question in Family Law in New York

Re: Lottery Winning

Your husband's children may be able to receive "indirect" benefits, from a lottery win, by petitioning for Upward Modification of Child Support, in the event your "husband's" financials reflect an increase in "his" net worth. But, his children ARE NOT entitled to a share of his (and your) winnings, inheritance, property or bounty, merely because they are his children.

In addition, "Basic" Child support is generally a "set" % of the Non Custodial parent's income, up to $80,000.00; and it is required.

Child Support on Income above $80,000.00, is "OPTIONAL," based upon "set" percentages, but it is applied only upon showing or proving the "children's" needs and case circumstances, warranting the additional money.

Further, please note that,

Information about the Non Custodial parent's income and assets, is acquired from the payor parent's tax returns, employee records of income and title records of property ownership, (ie., autos, real estate, leases, etc.)

Information about the Non Custodial parent's spouses' financial records is not usually subject to Court review or consideration, unless: the Obligee parent's income is non existent, is insufficient to pay child support; Or, the obligee parent includes his or her spouses' financials in submissions to Court, because of "joint" filings and Joint ownership of property and assets.

Good luck,

Phroska L. McAlister,ESQ