Syracuse, NY asked in Divorce, Family Law and Child Support for New York

Q: My niece is here and is a mess, she is getting ready to go through a divorce. The husband has been seeing other women .

So they have 3 kids. She is planning on moving out and taking her eldest from a previous relationship with her and living at her mother's. The 2 youngest have severe allergies and have to stay with the Dad . She wants to know since he makes a lot more money then she does will she need to pay him support?

1 Lawyer Answer
Mary Theresa Colwell
Mary Theresa Colwell
  • Syracuse, NY
  • Licensed in New York

A: First and foremost I suggest that she have a consultation with a family law and divorce attorney immediately. The receiver of Child Support is determined by who has primary physical custody and the amount by a formula. I caution it is a risk that if she leaves the two children behind there could be a situation where access to them will be limited by dad. She is not abandoning them but he would have control if they are living with him. This may be a situation where an order to show cause in family court to determine custody on a temporary basis is necessary. We handle such situations regularly.

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