Legal Question in Family Law in New Jersey

visitation and support

Hello,

I have two fairly short questions for you.

Does repeated refusal of visitation for an occassional weekend or a holiday count as denying him time? Is it serious enough to go to court over? She is usually willing to give him make up time but he is sick of her changing things without his permission and ruining his plans.

Also, he waived his overnight credits so she would give him the extra overnights he wanted and they agreed to in their visitation schedule. Now of course he is financially hurting and spends all of my money so I would like him to change it. He is considering that because all she does is try to reduce his time so she is essentially reneging on their deal. She has taken him to court several times claiming stupid things like he doesnt brush their teeth and i find plaque on them so he is a bad father. We are both so sick of this but also don't really want to go back to court but maybe we should start playing her game. I don't know. Declaring bankruptcy could be considered a change is circumstance plus he is willingly paying over his necessary child support. Does he have a chance???

Thanks,


Asked on 11/20/02, 11:49 am

1 Answer from Attorneys
Gary Moore Gary Moore Attorney At Law

Re: visitation and support

If his income has been reduced SUBSTANTIALLY and involuntarily, it is worth his while to go back into court to reduce his child support payments. As for a truly occasional cancellation of visitation, there is really nothing that can be done about that, especially if the children are very young and have a history of health problems. It would be worthwhile to file a motion to compel better visitation compliance along with a motion to reduce the amount of support where there is a substantial, involuntarily reduction of income.

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Answered on 11/20/02, 12:21 pm


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