Legal Question in Family Law in New York

Remarraige and Child Support

I am marrying a divorced man and his ex-wife has threatened that legally she can garnish my paycheck in addition to his after we're married because the law says combined parental income of 17%. We are planning to marry Nov 16th so this is quite a cause for concern..Thank you for your time!


Asked on 11/01/02, 7:31 pm

1 Answer from Attorneys

Michael Markowitz Michael A. Markowitz, PC

Re: Remarraige and Child Support

I think that your husband's ex-wife is misinterpreting the law.

She is correct that the law says 17% of the combined parental income. But you are not the child's parent, and the Court cannot look toward your income. The Court must look toward the income of your future husband and his ex-wife in determining child support under the act.

Mike.

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Answered on 11/04/02, 9:21 am


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