If u do not live in NY but have to pay child support to a parent in NY & nonresident of NY is married r both incomes considered

Attorney answers (3)

1. Licensed in MA

   

   Aaron Hutchins

   Northborough General Practice Lawyer

   Contributor Level 10

   3

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   Answered May 30, 2012 08:42. There are 2 types of custody - legal and physical. Both of you typically have joint legal. Full legal custody would mean a termination of the other parent's rights. If child has resided in NY for the last 4 years, then NY probably has assumed jurisidction. Further, if you are requried to pay child support, then there must have been some action filed and ordered awarding child support. So legal documents were probably filed. You should call the NY court overseeing the matter and ask how you can get a full copy of the case file. Then consult both NY and MA counsel for further action.

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2. Licensed in MA

   

   Anthony Rao

   Revere Child Custody Lawyer

   Contributor Level 12

   2

   Lawyers agree

   Answered May 30, 2012 11:34. No. Only the mother and the father's income are considered in a calculation of child support. Third parties' incomes, whether it's a new girlfriend/husband, etc., is not taken into consideration, and it should not. Only the parents have an obligation to support a child.

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3. Licensed in MA

   

   Henry Lebensbaum

   Andover Criminal Defense Attorney

   Contributor Level 19

   1

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   Answered May 30, 2012 12:28. It depends on the jurisdiction, and it sounds like NY has
   jurisdiction over child support.
   
   
   
   
   
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