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Question regarding a Non-custodial parent's child support obligation if the non-custodial parent is pregnant.

Ilion, NY |

I am a father of three children, two with an ex-girlfriend and one with my current wife. I have custody of the two older children. My ex-girlfriend pays $100.00 per week in child support. She has recently filed a petition to decrease support payments as she is pregnant and has been taken out of work due to complications with her pregnancy. Will she be required to pay the accumulated arrears from the time she was not working? We did have an initial court date in June where the judge told her that she was aware of the support order when she became pregnant and she must prove with a letter from her doctor why she was removed from work due to pregnancy complications. Thank you for your help.

Attorney Answers 3

  1. Best answer

    The law looks at which child(ren) had the support obligation reduced to a legal agreement or court order of suppot first, and that child then has priority over any later or prior born children who did not get such recognition. In other words, if a court ordered support for the first two children, the birth of the third to the payor parent does he no good in reducting her obligation to the first two children. Distinct from that is the loss of her job, which if occuring through no fault of her own, does reduce the amount of child support as a legitimate reduction of her income and the application of the 25% on a small sum will result in a smaller amount of support.

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  2. I'm a bit confused by the timing here, but if she is granted a reduction in her support obligation, it will be retroactive to the dare of her filing of that petition. However, any arrears which accumulated up to the date of petition filing will still be owed to you. Is that what you were asking?

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  3. She'll owe every penny on her order of support. If she wins her downward modification, she'll owe less.

    Good luck.

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