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In NY can a mother claim child support from the income of the wife of her child's father

Spring Valley, NY |

She is already collecting from the father but want to include his wife's income.

Attorney Answers 4

Posted

Nope.

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Posted

Not directly; however, in some circumstances the total income of the father's household may be considered in setting the amount the father must pay in child support.

Ms. Brown may be reached at 718-878-6886 during regular business hours, or anytime by email at: marykatherinebrown@hotmail.com. All of Ms. Brown’s responses to questions posted on AVVO are intended as general information based upon the facts stated in the question, and are provided for educational purposes of the public, not any specific individual, and her response to the question above is not legal advice and it does not create an attorney-client relationship. Ms. Brown is licensed to practice law in New York. If you would like to obtain specific legal advice about this issue, you must contact an attorney who is licensed to practice law in your state.

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Posted

The short answer is no. But if this income is substantial it may be a reason to deviate upwards and award child support in excess of the presumptive amount under the Child Support Standards Act. You should consult with a local attorney who concentrates in custody and Family Law matters. On-line advice is no substitute for an in-person attorney consultation.

ANTHONY BUONO
Attorney at Law
Valatie, New York
518-758-1979
www.AnthonyBuono.com

The information offered at this website is not, nor is it intended to be, legal advice. You should consult an attorney for legal advice regarding your individual situation. This answer does not create an attorney-client relationship.

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Posted

The father's wife is not responsible for supporting the child. If the father is paying the full amount of support required by the statute, then you will unlikely get more just because he is married to a woman with an income. If however, he is paying less than he should for some reason, and he is now married and has some other source of support, you might have a basis to modify support and get more from him, not because the court will go after her income but because he has some other source of support available to him. Take your order to a family law attorney and explore these options.

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