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Can a judge consider spousal income when seeking to raise child support?

Brooklyn, NY |

My wife's ex-husband has custody of their son and is asking for child support to be raised based on my income, is that possible?

Attorney Answers 3


No. This is not supposed to happen but too often it does. The court is allowed by statute to impute income from regular and reliable sources. This includes the other spouse's rents earned, income recovered and property owned.

Good representation can avoid these pitfalls.

Good luck.

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Possible, sure. Permissible, not so much. Your income should not be a factor unless there are some extraordinary circumstances. Speak with an attorney in a confidential setting to explore this further and to be advised how to respond, if at all. Good luck!

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Your income is essentially irrelevant, though your adversary may attempt to show that your spouse benefits in kind from your income and therefore has more available income analogous to perquisites from one's employment. A decent family law attorney should be able to make that argument difficult or unsuccessful.

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