Each state has its own method for calculating and adjusting child support. It's senseless to say what other states do, because it has no bearing on Eric's location.
This link (
https://newyorkchildsupport.com/publications.html) has a brouchure titled
What Non-custodial Parents Need to Know About Child Support that provides basic info on child support in NY. It states:
Every two years the child support enforcement agency automatically reviews each child support case to determine whether the amount to be paid should be increased due to cost of living increases.
If you don't agree with their assessment, you can protest.
Getting (re)married and having another child does not, in itself, change your child support. If your wife has a job, the court may actually increase how much you pay. However, if your new situation
affects (not "effects") your ability to pay, then there's a good chance you can have the court reduce it. You will need to petition the court for modification.
Here's another link:
http://www.child-support-collections.com/support-laws/new-york-child-support-law.html
As it states near the top, the NY courts do consider:
- Financial resources, needs and obligations of both parents
- Any needs of other children belonging to the non-custodial parent
- Any other relevant factor
Unless your income has increased dramatically, you're likely to incur more expenses having another child; therefore, you may succeed in getting your child support rate reduced. However, keep in mind the support is for
your child, not your ex. Sorry if it sounds like I'm preaching, but some people use child support as a way to get back at their ex.
Took me all of 5 minutes to find and assemble this info. Google is your friend.
Of course, you'd be wise to consult with an attorney to be certain about the way NY handles these situation. Good luck.
