Q: Hi - I live in NYC, my husband hasn't been living in our apartment since Sept 2019 and we have 10 year year old son.
Hi - I live in NYC, my husband hasn't been living in our apartment since Sept 2019 and we have 10 year old son. I am interested in filing for uncontested divorce and i do want to include child support into the divorce proceedings. My husband already has a child support case for his 14 year old daughter (different mom) and he's paying CS accordingly, and he's now expecting a new baby from his current girlfriend (I KNOW!!). What are my options: do i file for child support first? do i need to also file for custody (my son has always lived with us, and since my husband moved out, our son lives with me)? and then file for divorce? or can all this be done under the divorce proceedings. I really just want to end this marriage and move on, but i do need him to be financial responsible for his son (child support!). I also make more money than him, how can this effect me financially? Also, will he be requested by court to pay 25% split for the 2 kids? some guidance will be great! thanks
A: You ask many questions and really need to sit down face to face with an attorney to get the best answers based upon the facts of your case. In regard to a divorce, the divorce includes custody and child support as part of the proceedings. Depending on the judge, you might be able to get temporary support in the divorce but if you want a quicker order you are probably better off in family court. As to the amount of child support, he would pay 17% for the one child that you have. Aside from the deductions for FICA and city tax that are deducted from his income for child support paid to you, any amounts he is paying for other children by court order or written agreement would also be deducted from his income before determining his child support to you.
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