Legal Question in Family Law in New York

child support

i am divorced and presently pay maintinence to my ex wife and child support for one child that i fathered with her.that child is nearly 20 y/o. i also have a child with a woman i am not married to, but have lived with for two years since the baby's birth. i do not pay court ordered child support for that child. sonce the relationship with the mother of the second child has ended i anticipate being ordered to pay child support. does the court take into consideration that i pay child support presently for another child in calculating the mount i will be ordered to pay. how will they calculate, will it be 17% regardless of what i pay for my other child. also, will i be ordered to pay for the infant childs daycare when the mother is working?


Asked on 10/16/04, 11:27 am

1 Answer from Attorneys

Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: child support

Child Support, Court Ordered for your first child should reduce your "gross income" for purposes of computing child support for the second child. Spousal Support, Ordered, and actually paid reduces your gross taxable income, and should also reduce the sum upon which Basic child support for the second child is calculated.

Child care is an add on, and if deemed necessary, you can be ordered to pay a pro rata share of same, in addition to paying "Basic" Child Support for the second child.

Good luck,

Phroska L. McAlister,ESQ

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Answered on 10/16/04, 6:28 pm


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