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The Judge
The Judge, Family Law Attorney
Category: Family Law
Satisfied Customers: 703
Experience:  Active family lawyer & former Family Court judge with over 30 years experience in family law.
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Can a new spouse be held responsible for the others child

Resolved Question:

Can a new spouse be held responsible for the other's child support payments in New York State?
Submitted: 9 years ago.
Category: Family Law
Expert:  The Judge replied 9 years ago.
HelloCustomer

NO. A new spouse cannot be held responsible for the other spouse's child support payment.

This law takes several shapes:

  1. The new spouse's income cannot be taken into consideration in setting the child support.
  2. The new spouse's income cannot be garnished for payment of the other spouse's child support.
  3. Enforcement actions, such as Contempt of Court for failure to pay child support can be brought against the new spouse.
Look at it like this: the new spouse is not a parent of the child and has no duty to support the child. Since the new spouse has no duty to support the child, the new spouse's income cannot be used to support the child.

I hope this answers your question. If there is anything that you do not understand, please let me know and I will be happy to explain further.

In the meantime, please click "Accept" so that I may be paid for my answer and any subsequent follow-ups with you.

Thank you,

The Judge (actively practicing family law attorney and former Family Court Judge)

The Judge and 2 other Family Law Specialists are ready to help you
Customer: replied 9 years ago.
You say the new spouse can be held in Contempt of Court for the spouses failure to pay? Or did you mean CAN NOT be held in contempt?
Expert:  The Judge replied 9 years ago.
I am so sorry. You are exactly correct. Enforcement actions, such as Contempt of Court for failure to pay child support CANNOT be brought against the new spouse.

Thank you for your payment. And feel free to ask any follow-up questions that are necessary.

The Judge