Legal Question in Family Law in New York

Child Support and Palimony

I have lived with my daughter's father for 4 years. We were to get married this past August but failed because he was unfaithful to me (we were engaged for 3 years). I took him for child support which they gave an amount of $35 a week. That is less then 17% by NY law by his gross income. I was wondering if I could take him back to court for at least the 17% (guaranteed by state law)? Also, because we spilt 2 weeks before our wedding am I entitled to anything like palimony? If so, what are the grounds on doing so? Thanks.


Asked on 9/16/03, 8:58 pm

2 Answers from Attorneys
Michael Markowitz Michael A. Markowitz, PC

Re: Child Support and Palimony

With regard to child support, under the Child Support Standard Chart prepared by the NYS Department of Social Services the father is earning approximately $12,000.00 a year. If his gross income is significantly more, I would file a petition in Family Court for upward modification. Of course, I do not know all the facts.

With regard to palimony, there is no such thing in New York.

Mike.

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Answered on 9/17/03, 8:03 am
Seth Kaufman Seth M. Kaufman

Re: Child Support and Palimony

There is no such thing as palimony in New York State. If you had an agreement concerning your pre-marital living arrangement or finacial affairs, you may be able to enforce it under contract theory. Depending on how and when the child support issue was determined, you may or may not be able to raise it for a second look. It is not the case that you are "guaranteed" 17% of the father's income. I need to know all of the facts in order to give you further advice. Feel free to call me at 212-367-9167. I do not charge a fee for the initial consultation.

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Answered on 9/16/03, 10:14 pm


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