My fiance's ex-girlfriend is now married. He is currently unemployed after being separated from his last employer due to a work injury and has just been released from Worker's Comp. Also, he has applied for disability. I am currently paying his child support as well as handling any arrears that as accrued until he either gets disability or finds employment, but neither one of those prospects seems certain. I understand that the law sees her marriage and his CS obligation as two separate entities, but is there anything that can be done? The "child" is now a teenager and will be seventeen at the end of August. I believe he will be graduating High School this year. New York State states that my fiance's obligation will end when he is 21 or if he becomes "emancipated", whichever comes first. Does the marriage in anyway affect his child support obligation? Any help is appreciated in this regard.
Unfortunately, the marriage does not change child support. However, his unemployment/disability may. He should seek the assistance of a knowledgeable family law attorney to see if based on his disability he can request a modification of his child support obligation. Additionally, the child's graduating high school qualifies as emancipation but only if the child will not be attending post education. Again, seek the advice of counsel.
Not really. Alimony would be affected, child support probably not. Her new husband has no obligation to provide any support for the child.
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The marriage will not affect child-support because the new spouses income does not get added to the other parties and come to reach a grand total of income.
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