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In New York State, can my wife garnish my wages for child support or alimony if we are not legally separated or divorced?
New York, NY
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Posted 3 months ago in Child Support
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I moved out of the marital home 15 months ago. Mediation for a separation agreement failed. Wife hired a lawyer who has dragged things out and now refuses to negotiate at all. She's suing me to get additional monthly child support even though I have voluntarily paid more than the law allow each month for more than a year. And we're still not divorced. Can she do this and succeed?
Answers (1)
David Alexander Browde
This attorney is licensed in New York.
Posted 3 months ago.
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Child Support in New York is calculated under guidelines set in the Child Support Standards Act (the "CSSA"). The CSSA is a guideline, and there can be deviations from the amount the act provides. Whether there will be a deviation in your case depends not upon your status with the divorce, but on other factors relating to the relationship and the economic circumstances of the parties.
Whether an increase or reduction would be granted in any particular case involves an examination of a great number of factors. You should consult with an attorney in your area - the cost of the consultation will be far less than the cost of making a mistake. |
