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My husband is in court for child support by a woman who has children from previous relationship, so I was wondering if the support she receives would be counted as income. He has a child from a prior marriage that he is the custodial parent of. He has shown the judge the divorce decree which states that the ex agreed to pay $25 monthly but was told to take the ex to court for child support. She doesn't mention to the judge that she has other children and nor receives child support b/c she receives govt. asst using her maiden name. She is still legally married but told judge she doesn't know where her husband is.

Submitted: 19 days and 8 hours ago.

Category: Family Law

Value: $28

Status: AWAITING CUSTOMER ACTION

State/Country relating to question: New York

Posted by jrzepka 19 days and 8 hours ago.

Answer

Child support for other children is not included in computing total income. Child support from other children is specifically excluded.

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18 days and 18 hours ago.

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The judge asked about my income, so shouldn't her husband income be taken into consideration. Also shouldn't my husband child that lives with us be calculated before the child support be considered.

Answer

The judge can ask about spouses incomes. These are normally not considered as part of the chil,d support calculation. If he asked about your income he should ask about the other spouse as well. Since the mother indicated they are no longer together, the court could infer she is not receiving any benenfit from her spouse and theefoer not a consideration.

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Expert:	jrzepka
Pos. Feedback:	98.8 %
Answered:	11/4/2009

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State/Country relating to question: New York

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The judge asked about my income, so shouldn't her husband income be taken into consideration. Also shouldn't my husband child that lives with us be calculated before the child support be considered.

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