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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 110401
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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My son's lawyer was indicated in an ACS case against m abuse

Customer Question

My son's lawyer was indicated in an ACS case against him for child abuse of our son but an article 10 was not filed. He does have a criminal case for child abuse charges related to this case pending. He is a city employee and of course his job has been placed on hold pending the charges. He is seeking a reduction in child support based of loss of income from his primary job. I have however been receiving my son's child support based of a small income he receives from a second job. I do make significantly more than him with my income and his income combined boarding the maximum for standard guidelines. However he is married to a woman who makes a substantial income similar to mine. I feel he shouldn't be able to have no responsibility towards our son considering how he/we got into this situation. Will the courts just let him be irresponsible considering it was his aggression towards our son that got him into this mess?
Submitted: 7 months ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 7 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Unfortunately, his spouse's income is not part of what they consider when determining child support. Legally, the NY laws state that a spouse's income is not part of the calculation. However, if he committed this act towards your son, you can file a civil suit against him on behalf of your son, it would require an attorney to represent your son, and seek damages from him for the emotional distress and trauma he caused your son by the abuse and seek additional money from him in that manner as you could then seek to try to attach any real estate or any other bank accounts or investments he may have in his name.

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