I'm in the process of divorcing my with of four years. We both agreed not go after each others assets, but she,s telling me that since she is filing that New York State would come after me for child support. Is this true even though our two kids currently have lived with me for the last three 1/2 of the four years we have been married/seperated? I mean I'm currently unemployed, but I feed them everyday. I take them too and from school, bath them ,ect.. She buys them clothes sometimes and spends a few hours with them when she decides to show up to see them. Her choice of men she dates always seem to drug dealing exc cons. Anyway, since we are still legally married we both have Joint Custody .
Country relating to Question: United States
State (if USA): New York
Nothing so far, I'm just trying to get my facts straight before I go to court.
Hello and welcome,Is your wife gaining primary custody of the children?You are concerned that she will seek child support for the time you are married and not separated? Please clarify your question.Thank you so much.
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We both have joint coustdy. We are not leagally seperated, just seperated. She's telling me the since she is filing new york state will automaticly seek child support.
I see.Unless she is receiving state assistance, the state will not normally seek support from you. If she is on assistance, then they normally will seek to defray their costs by seeking support from you.During the divorce case, one of the issues that must be decided is whether to award child support or not based on the state guidelines. While a parent may not normally waive support owed since a child has a right to be supported by both parents, if the child support guidelines do not provide that support is appropriate in a given situation, then the parents can include that in the separation agreement filed with the court.Here is a link that permits you to estimate the amount of support that would be ordered in a given situation. Keep in mind that a court can and often will "impute" income to a parent who is voluntarily underemployed based on their earning capacity.http://www.nyc.gov/html/hra/html/directory/child_support_calculator.shtml
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