Legal Question in Family Law in New York
paying child support
If a woman has a child with a man, whom she is not with, and that man has custody of the child and files for child support will the womans future husband be liable for the child support based on his income.
1 Answer from Attorneys
Re: paying child support
No. Your spouse can not be charged for, nor be obligated, nor Ordered to pay child support for your child with another person, based upon his income.
Child Support is GENERALLY charged, ONLY to the person/s obligated to care for and support a child they were responsible for bringing into the world; Or who Stipulated in writing, Or by PRIOR ccare and support; Or before the Court, that they will care for and support the child.
A Stepparent (nor another non party) is not legally obligated to care for or support someone elses child, merely because of marriage, after the fact.
However, any income or asset belonging to a non custodial parent, (including marital & estate property) can be utilized by the court to decide what the non custodial parent's child support obligation should be. Especially, IF the non custodial parent is without Separate income and assets sufficient to pay reasonable child support.
GOOD LUCK,
PHROSKA L. McALITER,ESQ
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