Written by: David Ivan Bliven
In NY, child support is calculated 17% for 1 child, and 25% for 2 children. But what happens if you're being threatened with a child support case, but already are supporting a child from a previous relationship?
1 - Get a Written Agreement
The very first thing you should do - if you do NOT already have a child support order for that 1st child - is to have a written agreement drawn between you & the mother of that 1st child. The agreement should be drafted by a capable child support lawyer, as there's particular language which should go in there so it's valid.
2 - Ideally Get the Agreement Reduced to the Form of an Order
You are best advised to then file a petition in Family Court & get a Support Magistrate to issue a court order based on the agreement. Then if the mother of the 2d child files a petition for a support order, you can produce a copy of that agreement and/or order, along with proof of payment, and you should receive a credit for supporting that 1st child.
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