Legal Question in Family Law in New York
Marriage & Child Support
My fiance has two children to whom he pays child support. What is the ramification to my finances after we are married, if any, should the mother request an increase in child support from my fiance? And a step further, should my future husband become disabled or unemployed, will I then be legally responsible for the support? Is child support that was began before the marriage considered a separate responsibility or is the new spouse now entitled to bear this responsibility as well?
2 Answers from Attorneys
Re: Marriage & Child Support
You have absolutely no obligation to support someone else's children - even if you marry the "someone else". The only time you would become obligated to pay child support is if you adopted the children.
Re: Marriage & Child Support
Unike a spouse's pre existing debts, you do not incur child support obligations for a spouse's children.
However, if your spouse becomes disabled and you support him, then a portion of that support [paid or received by your spouse] can be "deemed" available, by the Court,in addition to his disability or unemployment income, to pay support for his children, .
Also, if you should have children, with him and then divorce, the child support you would be entitled to receive could be affected in a way that considers your separate income in relation to the former ex spouse's, (ie., the household income available for support formula).
GOOD LUCK,
PHROSKA L. McALISTER,ESQ
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