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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 |
Attorney answers 4




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.

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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.

Attorney at Law
Valatie, New York

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.


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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