Saturday, January 18, 2014

Does being married to someone other then your child's biological father have any hindrance on going for child support?

Q:  I want to take my daughters biological father to court for child support. My daughter is 4 going on 5 next month so i want to ask for a rears as well cause he gives no financial support but gets visitation. Does me being married to someone else make this process any more difficult? I do plan on moving in with my husband with my daughter, and her father will be notified and have the address and contact information. I am currently pregnant from my husband now. My daughter loves him, we are starting a family together and would like to move forward. I also would like to know if receiving child support counts as a source of income when filling for taxes?, and how does that affect my husband if it does?

A:  David's Answer:  You can only get arrears dating back to your petition filing date. You being married doesn't affect anything, unless you had the other father's child while married to your present husband. Finally, child support does not count as income for tax purposes. Speak to a Family Law attorney in your area.  -- David Bliven, Westchester Family Law attorney (

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