Legal Question in Family Law in New York

If I get remarried is my new wife's income included for CSSA

I was divorced in 1994 and have been paying child support faithfully. I am getting remarried on March 1st 2002. Can my future wifes income be included toward child support (she is a Chriropractor). If yes can I avoid this in any way with a prenup. I feel that once I am married my X-wife wil be attempting to substantially increase child support.


Asked on 7/27/01, 10:04 am

4 Answers from Attorneys

Re: If I get remarried is my new wife's income included for CSSA

No it cannot. But if you are filing a

joint return, it must be disclosed.

Your budget in any proceeding should also

reflect only those expenses which you pay

and not what you new spouse pays. The best

procedure is to show a parallel budget of

where each spouse's income goes.

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Answered on 7/29/01, 9:54 am
Kellie Gasink Kellie Gasink, Esq.

Re: If I get remarried is my new wife's income included for CSSA

Absolutely NOT.

And any attempts by your ex to get more $$$ should fail.

Remember:File your income taxes as married but file separately, not jointly.

Good luck.

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Answered on 7/28/01, 12:49 pm
Kellie Gasink Kellie Gasink, Esq.

Re: If I get remarried is my new wife's income included for CSSA

Please call 212.883.1963

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Answered on 7/27/01, 12:25 pm
Amy L. Finch, 845-362-0387 Amy L. Finch, Attorney and Counselor at Law

Re: If I get remarried is my new wife's income included for CSSA

No, your new wife has no duty to support children to which she is not biologically related. Thus, her income will not be included when your child support is calculated.

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Answered on 7/31/01, 10:31 am


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