Asked in Family Law and Child Support for New York

Q: Can a person's possessions effect child support amounts?

My ex is taking me to court out of spite, for child support after ten years of him telling me that my kids don't need me, my help and would be better off without me. He NEVER asks me for money or anything to help my kids. He is a truck driver, he's buying an old Amish farmhouse, has two horses, 3 dogs, 4 Wheeler, snowmobile and is the only adult working out of 4 adults in his home. He and I have joint custody of our 12 and 13 year olds. Does none of this have any effect on child support cases? Just to make this clear, I have no problems helping with my kids financially.

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2 Lawyer Answers

Stephanie E. Emanuel

Answered

A: His assets do play a role in the child support cases. It can be used both in a positive and negative way. A positive way to increase child support, if any of his assets or possessions are generating income. The negative way to decrease child support is to demonstrate that these assets are part of the expense, which may lower child support.

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Christine Moccia

Answered
  • Rye Brook, NY
  • Licensed in New York

A: You will be responsible for child support based on your proportionate share of combined income until your children reach 21 years old unless they become emancipated at 18. His possessions will not be taken into account. However, there are nuances to each case so I recommend you have a consultation with an attorney.

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