New York Divorce Attorney Discusses Child Support and Child Custody
Question:
The ex is taking the father to Child Support court, claiming that she needs more money. The father says that when the ex receives the current child support money she uses it on shopping sprees and fancy dinners. How can the father stop the support magistrate from raising the support payments? Also, how can the Father prove that the ex is abusing the child support money?
Answer:
As an experienced New York Divorce Attorney, I see two issues at play here: Child Support AND Custody.
With regard to your ex’s new petition for child support: The burden is on your ex to prove that there is a significant change in circumstances from when the existing Order was made a year ago. If her only claim is that “childcare” has increased, again, the burden is on her to show that it has increased. You can oppose that claim by providing proof that either there is no cost for her mother to provide childcare, that the cost has not increased in the year since the existing order has been made, or that she is exaggerating the costs. You can gather evidence to support your position such as the prior Financial Disclosure Affidavits your ex filed with the court in the prior proceeding, or subpoenaing your ex’s bank records to show that the amounts she is claiming have not been paid.
With regard to custody: It is improper for your ex to make your contact with your child contingent on paying child support or any other fee. I suggest that you look closely at the language of your existing Custody Order, and consider filing a Petition for Enforcement if your ex is violating the terms of that Order, or a Petition for Modification if your ex’s actions are making it unreasonably difficult for you to exercise your parenting time per the existing Order.
On both issues, I suggest that you consult with an experienced local family court attorney. An attorney can help you assess your position and best defense on the support issue, and can help you decide if filing a custody Petition would benefit your goals as well.
Do you have questions about child support and child custody? If so, contact the experienced New York Divorce Attorney Jean Mahserjian.
This legal question was provided by Avvo and answered by Jean Mahserjian, an experienced New York Divorce Attorney. This does not consent an attorney client relationship.
