Legal Question in Family Law in New York

Mother marries still obligated to child support

Currently I pay the court ordered amount of 17% in child support. If the mother marries, who has legal custody of the child, is she entitled to an increase/decrease in child support. I ask because at the time of the court ruling the judge took into account the amount she contributed, which was less than mine and therefore granted her the full amount. Now if she marries, obviuosly her income will increase and therefore if she asks for a review will this have an impact on the amount allocated.


Asked on 1/23/02, 2:58 pm

3 Answers from Attorneys

John Hayes The Law Office of John M. Hayes

Re: Mother marries still obligated to child support

There is a "round-about" way to do calculations for child support that *looks as though* an improvement in the mother's financial situation ought to result in some sort of a 'percentage' reduction in the father's support obligation.

However, comma, when one works even that long-form calculation all the way through, the 17% remains the same, essentially as a 'default setting'.

Put otherwise, you could petition for a downward modification, but unless the mother's situation has improved Big Time, it is not likely you will get the result desired.

Good luck.

J. M. 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 1/23/02, 3:25 pm
Daniel Clement Law Offices of Daniel Clement

Re: Mother marries still obligated to child support

Justbecause the mother wed does not mean her income increased. While her household income may have rose, her personal income did not. Regardless, her re-marriage is of no consequence to a child support calculation.

Daniel Clement

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Answered on 1/23/02, 4:43 pm
Amy L. Finch, 845-362-0387 Amy L. Finch, Attorney and Counselor at Law

Re: Mother marries still obligated to child support

The mother's new marital status has nothing to do with the amount of child support you pay. Only the biological parents are obligated by law to support a child.

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Answered on 1/24/02, 8:23 am


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