Will NY child Support consider my 2 children I have with my b/f when they go after him for CS for his other ki?

Question

Ok, My b/f of 3 years has a daughter with his ex. She is now 3 1/2 years old. He hasnt seen her since she was 3 months old. Due to the fact they havnt lived in the same state since then. We live in CT She now lives in NY. We have one daughter together that is 1.5. His ex has known about her. She has said for the past 3 years that she doesnt want child support etc.

Now we are having another baby together. Im only 2 months pregnant. When his ex found out she said she wants child support. She is angry with him for having another child. She still wants him back etc.
She went to NY state and filed. But before they did anything regarding sending papers etc. They agreed on an amount. As long as she will stop the proceedings in NY.
At first her and him agreed he would pay $200 a month between the months of April and November. then $100 a month between Dec. and March (due to the fact his hours get cut in the winter) She agreed.
She says now that she went to child support enforcement to stop the proceedings but they say they cant. Due to the fact her daughter gets state insurance and she gets food stamps.
My question is : Will NY consider the fact that we have one daughter now and one on the way when deciding how much he will have to pay for child support? as of right now we went on the NY child support calculator and it says he will have to pay about $125 a week. We cant afford that. Especially with another baby on the way. It would have been hard to pay the $50 a week. But we would manage.

I dont have a job. We both agree its better I stay at home with the kids. Plus if I were to work, my entire paycheck would go to daycare, so it wouldn't be worth it.

Will my children suffer because she now wants to be spiteful?

Answer 1

You're kind of screwed. When courts consider child support usually the first child makes out and subsequent children get less. The theory being that you shouldn't keep on having children that you can't afford to support. They may consider your children but probably not if you aren't married because paternity would have to be established etc. and that gets expensive.



Whether or not you agree it's better to stay home with the children is irrelevant. The facts are he has a child he hasn't supported ever and that isn't going to look good for him.



Your children are suffering because their parents (you and your man) made a decision to have kids even though you couldn't afford them. Looks like you'll have to find a job or learn to live on less. Does his other child deserve any less than your children?

Answer 2

She definitely stands a chance. He should not give her one red cent for anything without getting a written receipt. This is all the court will recognize, a written receipt or money that went through the court system. He can tell the judge he has another child, but the law says the first child comes first financially. It won't help much. What he better do is try to find some cancelled checks and such to back up his claim of all the extras he's paid so far. If they give her more support through the court, then he needs to cut the extras out. He can only do what he can afford. You have your own baby to look out for, so make sure more money for his 9 yr old doesn't cut the money for your baby. oh, by the way, her rent is not his problem... child support is set based on a percentage of earnings so what he better take to court is proof of his actual earnings

Answer 3

It depends on the state laws. My husband had the same situation. We live in one state his kid lives in another. When his ex tried to get her child support changed (more money) she thought that because the jurisdiction changed that she would get more money...little did she know that by changing jurisdiction they counted the 2 children we have into the equation, thus making her child support amount lower...The state we live in doesn't account for other children.



It all really depends. Check the state laws to be sure. Call the child support enforcement agency in NY, they will be able to answer basic questions.

Answer 4

She can't stop proceedings, that is true.

They will consider any child support obligation he has as well as if he has a wife. He has neither, so most likely no. You need to work like everyone else it looks like if you want to get by. I assume she works and you see nothing wrong with that right?



FYI, expecting child support isn't being spiteful, it is doing right by her child. Grow up.

Answer 5

The short answer is, no they will NOT take your children into account. But there are ways to stall it......and legal ways to make your children get taken into account, but it is tricky. E-mail me.