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Barrister
Barrister, Lawyer
Category: Family Law
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Experience:  Attorney with 15 years experience
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New York State, my husband is being reassessed for child support

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New York State, my husband is being reassessed for child support as his one son has been emancipated and now he has one son left to support. I make a significantly higher income than he does. Is there any way that my income can be considered or will this strictly be based off of his income? Our attorney stated that she "didn't think so", but I thought there was no way this could happen.

Hello,

 

I am assuming that you are his current wife and he is attempting to lower his payments...

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With that said, the only income that can go into any child support calculation is the incomes of the two biological parents. Any spouses of either do not have any legal obligation to provide support for their non-biological children and therefore their incomes are not able to be taken into consideration in the child support calculation.

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thanks

Matt

 

 

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