New York, NY asked in Family Law for New York

Q: This is a child support question: I live in New York, my son's father recently married and moved to Pennsylvania.

before he moved he was providing regular payment bi-weekly (non court ordered). He then quit his job and his wife kept hers. He claims he thought he could find a job easily in his new town but it has been almost 6 months. He only picks up my son every other week from saturday-sunday afternoon and says it is too expensive to pick him up more often. He has given me small amounts of money here and there , nothing consistent. Is his wife obligated to pay child support since they are married? What would be my best option?

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1 Lawyer Answer
Nina Mironenko
Nina Mironenko
  • Huntington, NY
  • Licensed in New York

A: You need to file a petition for child support in Family Court. The court will impute an income to him - meaning that he will be determined to be capable of earning a certain amount of money and the child support award will be based on that imputed income. His wife's income is considered as supporting him, and in certain cases the support he receives from his wife is considered into his ability to pay child support for your child.

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