Woodstock, NY asked in Child Support for New York

Q: I pay child support to my ex-wife for three children. Our oldest child is 19. She wants him to pay rent. Is that legal?

Related Topics:
1 Lawyer Answer
Daniel Michael Luisi
Daniel Michael Luisi
  • Licensed in New York

A: By trying to have your child pay rent while receiving support payments, she may be misrepresenting her needs to the court. Family Court Act Section 413 (The Child Support Standards Act) provides that the non-custodial parent must pay the "basic child support obligation" in a percentage of his or her income. New York Courts hold that food, clothing and shelter costs are inherent to the basic child support obligation. So by trying to "double dip" as it were, your ex may have misrepresented her finances on the financial disclosure affidavits. It may be worth it to bring this to the Court's attention. Anything stated here is subject to a detailed, individual factual review of your matter, is not legal advice, does not form an attorney-client relationship, and may not be relied upon.

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.