Saturday, April 12, 2014

I am paying only child support for my 2 kids. I am having a baby with my fiancé who doesnt work. Can I get my support modified?

Q:  Paying only child Support and we live in NY


A:  David's Answer:  Generally you cannot get a reduction. The first children to win the race to the courthouse get the first cut of your income. Each subsequent child you have gets a lesser & lesser percentage of your income. It's a built-in disincentive to discourage people from having children they cannot afford. Even if you were to try filing a petition for modification on the basis you present, a necessary element of same would be your fiancé's ability to earn income - regardless of whether she's actually earning same or not. Schedule a consult with a Dutchess/Westchester Child Support lawyer for a full assessment.  -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)

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