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.

Related Topics:
2 Lawyer Answers

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.

Christine Moccia
Christine Moccia
  • 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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.