Q: Do I get less child support if my husband had another child while we were separted?
I live in NY and I'm going to start the divorce process. While my husband and I were separated he had another child and has a legal child support agreement with the other women. We do not have a legal child support agreement. He claims I am entitled to much less child support now because of the other child. My 2 children are a few years older than the other child. How does this work?
A: Having a child support order involving another child would be a deduction from his income but you would still be entitled to a child support order for your children. Speak to a lawyer to go over your specific case.
A: Unfortunately, since there is a support agreement for the other child, any child support paid would be a deduction from his gross income. However, your children would then be entitled to support based upon that new gross less FICA.
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