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

Q: If I marry someone on child support could that backfire on me

My fiancee children are 18, 17, and 16. We have a newborn together and want to get married, He pays child support to the month through the courts. If something happens to him, God forbid, can she collect child support from me?

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2 Lawyer Answers
Howard E. Knispel
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Howard E. Knispel
Answered
  • Commack, NY
  • Licensed in New York

A: Child support terminates upon the payor's death. You would not be responsible for his support payments.

Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Schenectady, NY
  • Licensed in New York

A: The answer to this question changes with the political winds in Washington. In a democrat run government, there is great risk in marrying a child support obligor. Government taxes, spends, and requires the maximum amount of money from enforcement proceedings, like child support enforcement, to augment government's coffers. Home owners receive code and zoning violations, car owners get moving and parking violations, and the poor get open alcohol and dog license tickets. All levels of society are hounded into non-existence.

Even though Article 4 of the Family Court expressly prohibits inclusion of another person's income figures in an obligor's support obligation, there is other language in the statute that does include those figures. The statute has words that touch upon "all available assets" that an obligor can pay support from. There is also language about "imputed income" which means the support court can pull income figures from thin air. This means the statute forbids the asker's inclusion while other provisions of the statute do allow the asker's inclusion.

A democrat run government structure is reliant on the additional stream of income available from fines. All that is needed in the world of child support is a complaining petitioner (custodial parent). A grant of an increase is virtually assured because the federal government pays a matching fund to the states to maintain an ever broader sweep of non-custodial parent money. It's a win-win proposition for government and the custodial parent while the non-custodial parent loses and loses.

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