Legal Question in Family Law in New York

Objecting to order of support

My wife and I have been separated for 5 years. We have a 4 year old daughter together. I am in a new relationship and have a 3 month old daughter from that relationship. When my wife found out about my new relationship she was very upset. She took me to court for child support. I was already giving her money but she said she needed more. My wife had an attorney and I did not. I brought with me to court my 3 month olds birth certificate and a notarized letter from her mother stating that I am supporting my 3 month old. I was not allowed to present my evidence in court because my wifes attorney said he could not cross examine. My wife also brought in fake receipts stating she paid a very high amount of child care, I know they are fake because my daughter is taken care of by her maternal grandmother. Can the support I provide for my 3 month old be taken into consideration by the court? Is there anything I can do to prove that the amount she says that she pays in child care is false?


Asked on 4/15/05, 9:57 am

3 Answers from Attorneys
Antoinette Wooten The Wooten Legal Consulting, PC

Re: Objecting to order of support

You can start off by paying all of your future child supports payments for your four year old by check or money order. The fact that you have another dependent does not exclude you from your obligation to pay for your first child. Thus, do not try to use this to convince the court that you are doing what you can for your first child. You might also want to seek counsel should you decide to go back to court so that you can cross examine your first child's grandmother, and others who have knowledge about who takes care of your first child. If you are not planning on staying married then you you also file for divorce, and, perhaps custody of your child immediately. CW/Whittier Law Firm

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Answered on 4/15/05, 11:50 am
richard feldman richard d. feldman

Re: Objecting to order of support

Multiple support obligations only consider the payment when calculating the later filed petition. Sounds like you have to go to trial to present your evidence call me for a free telephone consultation at 516 466 5297

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Answered on 4/15/05, 1:27 pm
Andrew Nitzberg Andrew Nitzberg & Associates

Re: Objecting to order of support

Congratulations on you new daughter and for making a new life for yourself.

Regarding your question, child support is based not on the expenses of the child, but on your income.

When you have more than one child, your total for the two children is capped at 25% of your income. The lack of a child support order for the new-born is a procedural problem.

The fact of the newborn was admissable to the hearing on suport for the 4 year old. However, it was the fact that you are paying child support for the newborn that the opposing attorney objected to.

And so the judge made a child-support order for the 4 year old.

But that is not the end. You may petition the court to re-open the hearing for the new evidence or make a motion to modify the order based on the new evidence (changed circumstances). This is done by motion on notice or by 'order to show cause'.

The first thing you need to do is see a lawyer and examine all of the facts available to you.

You are welcome to a consultation for no fee.

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Answered on 4/15/05, 1:37 pm


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