Legal Question in Family Law in New York
Proper Support Amount
I recently went to court against my infant son's father. He was ordered to pay $92 a week! I pay twice that in childcare alone. He claims that he makes less money this year than he did last year. He intentionally switched jobs to pay less support. He also shares a joint checking account with his fiancee who pays all the bills from her salary. Am I correct to believe that by their sharing of this account it should be considered in his income because he has free and total access to these funds? He also has no bills in his name. We have another court date because he felt the $92 was too much...Please help!!! Thank You
1 Answer from Attorneys
Re: Proper Support Amount
A non custodial father's girlfriend, is NOT responsible for child support payments to you, on behalf of your child.
It does Not matter what your child's father does with his income; or how he may pay his household bills, shared with his girlfriend, after he makes child support payment per the percentage guidelines, ordered by the Court.
Child support based upon the PARENT'S OBLIGATION, is calculated, per a specified percentage, of THE parent's income and assets.
It is not an obligation that can be imputed to, or incurred by the father's friends or family. Since, they do not have any obligation to pay him, "gift" to him; or otherwise make contributions to his support.
Good luck,
Phroska L. McAlister,ESQ
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