Q: My fiance and I live together and have a child together. He also has another child from his ex. That child lives with his ex. She just served him papers for child support. This past year he was unemployed for a few months and the year before that as well. He has been working per diem the past few months picking up shifts and has just got a full time job but is on probation. How is child support calculated? Is it based on his past income tax annual amount or his current weekly amount? The fact that he has a 2nd child, is that taken into consideration? Is the amount of rent he pays taken into consideration?
A: Rightly or wrongly, the law set-up a race to the courthouse. The first child(ren) who win the race (i.e., their mother files the first petition) get the first cut of the non-custodial parent’s income. All children who come in behind the race’s winner get whatever income is left after the winner’s get their cut. In your case, only if the father is not left with enough financial resources to minimally support the other child (and the Court would need to consider your income in that mix) would the Court consider a reduction. Have your fiance call a Bronx Child Support attorney to schedule a consult for a full assessment.