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Ellen
Ellen, Lawyer
Category: Family Law
Satisfied Customers: 36714
Experience:  25 years of experience helping people like you.
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Good day, Lori. I live in Florida, my fiance lives in New York.

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Good day, Lori. I live in Florida, my fiance lives in New York. We plan to marry next year. He pays child support for children from a previous relationship. If I marry him in the state of New York, will my income be added to his when calculating his due child support? Also, should he become ill/injured and fall behind on child support, can the state go after my income for repayment? He plans to move to Florida in January. The support orders are in the state of NY so I assume although he would live and work in Florida the law in the state in which the order exists is what would be followed.
Hello,

Thank you for your question. My name is XXXXX XXXXX I am an attorney licensed in both New York and Florida. I will do whatever I can to answer your questions!

You are correct that we need to look at the laws of the State of New York since that is where the support order was issued.

If I marry him in the state of New York, will my income be added to his when calculating his due child support?
Regardless of whether you marry in New York or in Florida, your income will not be added to your husband's in determining the amount of child support payable. A parent is legally responsible to support his children – the spouse of a parent is not legally responsible to support the spouse's children

Also, should he become ill/injured and fall behind on child support, can the state go after my income for repayment?

No. The responsibility to pay child support lies with the parent and not the stepparent under both New York and Florida law.

Please let me know if you need any clarification. I would be glad to assist you further if I can
Customer: replied 3 years ago.

If he and I file a joint income tax return and we are due a refund, and he is behind in child support, can the state of NY garnish our income tax refund for repayment?


Yes – a joint refund is subject to attachment for his child support obligations
Customer: replied 3 years ago.

If we own property and his name is XXXXX XXXXX deed to our home, can the state of NY put a lien on our house for back support?


 


Also, can I put his name on the financing but not the deed in order to protect that asset?


If we own property and his name is XXXXX XXXXX deed to our home, can the state of NY put a lien on our house for back support?

Yes

 


Also, can I put his name on the financing but not the deed in order to protect that asset?

Yes
Customer: replied 3 years ago.

If a married man who pays support and is out of work AND is being claimed by his wife as a dependent, can the state then count her income and garnish her wages to pay his child support?



No. The obligation is that of the husband

It has been my pleasure to work with you


Please let me know if I can assist you in the future by requesting me directly.
Customer: replied 3 years ago.

You've been wonderful. I hate to be such a pain in the butt but I have to protect myself since I make more money than he does. Thank you for your legal advice and patience.

Thank you very much Melissa! It has been my pleasure to work with you.

If the need arises, I am here to help. To speak with me again, simply place my name in the first sentence of your new question. If I cannot help you, I can direct you to someone who can.

When you receive your Customer Satisfaction Survey from JustAnswer , please consider providing me a 10 rating. It benefits my ability to assist you and other customers, and would be tremendously appreciated.

Thanks again and all the best to you.

Ellen
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