Q: What are your monthly obligation towards child support when you are receiving food stamps, and what is that law called for that and you too have a minor child that is in your custody from another woman? And how does it affect back child support?
A: David's Answer: Merely receiving food stamps doesn't bear directly on the calculation of child support, as it's what total income you have that counts. Moreover, support is set at your ability to earn income, so if you voluntarily retired while having a prior order of support, you generally would not qualify for a reduction (as this would be a form of "voluntary quit"). Finally, having another child to support MAY affect child support, but as a necessary element of that defense, you'd need to bring in proof of what the mother of that child is earning. Schedule a consultation with an Orange//Westchester Family Law attorney for a full assessment. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
I am a former Family Court prosecutor and handle all divorce and family law matters, including contested and uncontested divorces, child custody/visitation, child support/paternity, adoptions, family offense (orders of protection), child abuse/neglect and juvenile delinquency. I practice primarily in Westchester (White Plains and vicinity) and the Bronx (Riverdale and vicinity). My website can be found at www.blivenlaw.net.
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