Legal Question in Family Law in New York

My husband just lost his job n hasn't had money to pay his child support they are goubg to court will they use my income if he wants to reduce his child support?

Asked on 9/30/13, 12:45 pm

1 Answer from Attorneys

Paula McGill Attorney at Law
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Not directly. In the child support income worksheet, the only income he enters is his own, which may include unemployment benefits. The court has the right to impute income based upon the income he received from his last job or his ability to earn.

Although your income isn't placed in the income section in the child support worksheet, in the long run, if the court imputes income, you may have to pay the support if he can't pay and you want to keep him out of jail.

Also licensed in New York.

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10/01/13, 4:33 pm

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