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My husband had an affair n the woman now pregnant with his…

My husband had an...

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

Lawyer's Assistant: Because family law varies from place to place, can you tell me what state this is in?

Ny

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Only on AVVO.

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Answered in 3 minutes by:
9/18/2017
ScottyMacEsq
ScottyMacEsq, Lawyer
Category: Family Law
Satisfied Customers: 18,160
Experience: Licensed Texas General Practice Attorney
Verified

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.

Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it positively (3 or more stars). Look for the stars on your screen (★★★★★). You may need to scroll left/right/up/down to see these stars, but note that the rating is what closes out this question, so it is necessary that you do so.

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

ScottyMacEsq
ScottyMacEsq, Lawyer
Category: Family Law
Satisfied Customers: 18,160
Experience: Licensed Texas General Practice Attorney
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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