live in ct , support paper in NYC

[mev66]

we live in ct have 3 children 2 from my previous marriage one with my husband, his ex wife lives in ny with my husbands 3 children ages 19, 17, 15 1/2 ... none of the children attend school regularly... we have just bought our home, i am not working, we are struggling... how long does my husband have to pay child support ? and if I get a job can the exwife send my husband to court for more support, will my income be included ? even if we are struggling with our own mortgage? she was not working when original support order was issued in 2001, she is now working making 26- 30 a year, my husband has not paid support in 6 months because we cant pay mortgage, if she takes him to court, what is the age that he is obligated to pay for each child, who do not go to school, or work, they just party all nite

 

[mev66]

i guess no one has answer or suggestion....

 

[Duranie]

your husband is obligated to pay support until all the kids are at least 18 years old. He had his kids before he had kids with you, so you are probably going to have to get a job if you are struggling. His support does not go away because he has a new family. In fact if he is in arrears he eventually could face criminal prosecution, and any tax return you jointly file might be taken to next year to help him catch up.

If his kids are not in high school, then he should file for custody however since he is in arrears it might look like he is filing for custody just to get out of paying child support. He needs to read his decree to see if child support will end at 18 or graduation from high school. If he has a valid reason for custody and can prove it, he should file.

Your income should not be calculated for child support. It sounds like you need to get a job so go get one.

 

[mev66]

Duranie thanks for your response, I just needed to shed a little light on the topic, I never said I didnt have a job, what I said is that I was not working at the moment. My concern was when I begin to work (in the new school year) would the court consider my income since we do file jointly on taxes. My husband hasn't paid in 6 months and growing having our taxes being handed over to her wouldn't bother us , what concerns me is that a friend told me that the new law in NYS is that child support is until 21 regardless of them attending school or not, in reference to having custody, the kids have made it clear that they are not willing to do so since the youngest is now 16 and the oldest approaching 20 it would be difficult dragging them here against their will. WOuld you know of a web sight that may give me more specific info on child support of NYS ... the family court web sight of NYS does not give enough information.

 

[calalily]

http://www.brandeslaw.com/child_support/changes_in_calculating_child_support.htm
I thought this website explained the new laws you mentioned...I am not familiar with the site and do not endorse it...it is for informational purposes only
Have you looked at the divorce papers and does it state the age support ends? Your husband can always request that child support be modified due to new circumstances but the arrears will be a big problem. http://www.alllaw.com/calculators/Childsupport/new_york/
Once again for infornmational purposes only and I don't know if it was updated with the new formulas. You really need to seek legal consul to sort all the issues out.

 

[mev66]

live in ct, papers in nyc

thank u I will definetly check the site... the divorce papers actually state only until the age of 18 or until 21 if they are in school.... but one of my friends told me with the new law it doesnt matter what the papers say... i will check the site ...thank you

 

[Duranie]

If the support papers are drawn out of NY then emancipation for NY is actually 21, so support is paid until 21 generally.

The ex wife cannot go after your income. Any tax return you jointly file though will likely be intercepted if your husband is in arrears.

 

[mev66]

Duranie

ok thank you