Legal Question in Family Law in New York

If we get married will his child support payments increase?

My boyfriend and I want to get married. He has three children from a previous relationship and is currently paying child support for them. If we get married, will our salaries be combined and the payments increased? I make a pretty good salary and don't want it to be included towards calculations for his children's child support. Will this happen if we get married and if so, is there any legal way around it?

Thank you, in advance, for your responses.


Asked on 2/07/02, 11:21 am

1 Answer from Attorneys
John Hayes The Law Office of John M. Hayes

Re: If we get married will his child support payments increase?

It is within the realm of possibility that some portion of your income could be worked into calculations if the ex-wife sought upward modification.

Assuming that the father is currently paying, on a regular basis and with no outstanding arrears, the full 29% for the three children, it may be that the ex-wife will not seek upward modification. Put otherwise, it might be a good thing to be certain that all those payments were current and no arrears outstanding.

Regards, etc.,

JM Hayes

>>--> The foregoing amounts to musings and observations based on some years familiarity with the 'day-to-day' operation of the law with regard to the issues involved In The Most General sense; my remarks should not be thought of as "legal advice and counsel" in the formal sense of that phrase, since there is, in fact, no 'attorney / client' relationship existing between us. <-<<

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Answered on 2/07/02, 6:31 pm


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