Q: Currently, my daughter resides with me as she has for her whole life. There’s been no custody hearing, we never married either. I will be marrying, not her father, in April. Her father claims he can go for child support once I marry because of my future husbands income and since I don’t work due to being on disability and might not work when we marry. He claims a judge will look at my future husbands income as mine. Is this true? Her fathers income far exceeds mine from social security. Also claims since he sees my daughter he does not have to give me as much as he does. There is no child support order either, I assume the money given is looked at as gifts since this was only a verbal agreement and has dropped multiple times.
He is trying to get my daughter to live in his home in order to not give me money to raise her and try and take me for child support and my future husband. Does my future husband count in all this? Does my future husband have a say? Does the father have a right to go after his income even though this is not my future husbands child?
A: David’s Answer: First, you should establish custody via the Court. This way, the Father doesn’t have any argument that you should pay support to him (as only the non-custodial parent pays support). Second, your fiance’s income won’t be directly factored in – it may only be considered as but 1 factor amongst many if the Bio Father wishes to make the argument that guidelines support is “unjust or inappropriate” and/or that combined parental income exceeds the cap of $143,000. Schedule a consult with a Westchester Child Support attorney for a full assessment.