Legal Question in Family Law in New York
Marriage in one state and child support in another
I have a son that was born in New York and is being raised in New York. I pay child support. I want to get married in New Mexico and I have been told that my future husbands income will be used for child support as well as mine. Is this true?
1 Answer from Attorneys
Re: Marriage in one state and child support in another
It sounds like you have a court order from NY directing you to pay child support. You may have to send this question (via the bulletin board) to a NY atty and not to a NM attorney.
If your child support order was from NM the answer is clear that a subsequent spouse's income does not count toward computation of child support for the other spouse who has to pay child support.
However, not all the state laws are the same. In NY it may be that they DO count a subsequent spouse's income. A NY attorney would be able to answer that question.
Good luck.
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