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ScottyMacEsq
ScottyMacEsq, Lawyer
Category: Family Law
Satisfied Customers: 17097
Experience:  Licensed Texas General Practice Attorney
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My husband had an affair n the woman now pregnant with his

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my husband had an affair n the woman now pregnant with his child..can my assets be used in calculating child support? I’m retired n receive a pension. he still works
JA: Because family law varies from place to place, can you tell me what state this is in?
Customer: ny
JA: Have you talked to a lawyer yet?
Customer: only on AVVO.
JA: Anything else you want the lawyer to know before I connect you?
Customer: is there a fee for this?
JA: You just pay a $5 deposit now and the rest only when you get a reply from the Family Lawyer. All of this is 100% satisfaction guaranteed, so you can get a refund if you're not happy for any reason.
Customer: what is “the rest” (total fee)

Thank you for using JustAnswer.

I'm sorry to hear about your situation.

Your income would not be considered in the calculation for child support. Only the biological parents have any legal liability to provide support to the children, and only their income is considered in the calculation. You can use the calculator here to get an idea of what that would

be: https://www1.nyc.gov/site/hra/help/child-support-calculator.page. Again, this is not household income, but his income. And any assets that you have are also not considered. It's solely his income that would be considered in child support.

The one caveat is if he's not working and you're essentially encouraging him not to work. Of course I don't think that this would be the case, but I did want to point out that possibility). In that situation income could be "imputed" to him and the child support award could be recovered from you as well.

If, for whatever reason, you separate or divorce, you would still have no liability or obligation to pay anything for this child. You have no obligation as a stepparent to pay any child support, and your income is not included in the calculation.

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable.

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Thank you, ***** ***** luck to you!

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