Legal Question in Family Law in New York

Re: Spouses and child support

I would recommend that you seek legal counsel. Your attorney should get a complete picture so that your rights may be protected.

If you decide that you need an attorney, please feel free to contact me.

Re: Spouses and child support

Generally, a spouse cannot be held DIRECTLY responsible for child support obligations of their spouse.

However, all property, real and personal; and all income or assets acquired during a marriage, is presumed to be "marital property," one half of which, can be deemed as available for the payment of child support obligations, of the "non titled" spouse.

So... DO NOT GO TO COURT WITHOUT AN ATTORNEY.

Please note, if your husband is receiving unemployment, disability, etc., there should be no need of info re your financial status or income. The child support can or should be calculated on your husband's benefits w/o consideration of yours, except to the extent that you actually provide or contribute to support of your husband.

Good luck,

Phroska L. McAlister,ESQ