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samsabin · May 28, 2008, 04:15 PM

Hello to all I am currently paying child support in New York I recently moved in with my girlfriend to New Jersey my ex is taking me back to court to have the support increased how will my new living arangment affect the amount of support that I have to pay ?can the impute income based on her salary ? Thanks in advance

twinkiedooter · May 28, 2008, 04:26 PM

Your salary is what is used - not your girlfriend's salary. The ex is going to have to have YOU make more money and she is going to have to explain why she needs more money and not just because you now live with another person. It's not that easy.

stinawords · May 28, 2008, 04:33 PM

I'm not sure which way your state rules as to if your spouses income can change the amount of support you owe. However, it really dosen't matter because she isn't your spouce so no matter where you live her income has absolutely nothing to do with your support.

cdad · May 28, 2008, 06:32 PM

Actually in California it can change based on who you live with. Its rare but can and does happen. Im not sure about NY law and how its affected but someone gave your ex the idea that its possible.

JH123 · May 28, 2008, 08:02 PM

An innocent father involved in a nasty contested divorce from a woman who vows vengeance is helpless in Family Court. Important child support laws enacted are now strictly, and sometimes unfairly enforced. There are stories of fathers who lost their jobs from downsizing and/or circumstances beyond their control. When the mother of his children insists on back child support, he is thrown into jail. Child support is based on his "earning ability." Debtor's prison has become our most recent politically correct means to control men. Here again, our Family Courts condone whatever women allege, accuse, and dictate to control men.

Should a husband make the mistake of remarrying, further angering his ex-wife, a second wife's income is used as "a way to show ability to pay." The mother of their children, on the other hand, can marry another man. The "other man's" income is never used to lower child support. Court's rationale - "they are not his children, not his responsibility." Since when did a mother bear no responsibility for her children?