Legal Question in Family Law in New York
Back Child support, no legal separation or divorce
My Wife moved out one year ago. Since then I've paid child support every two weeks. We are not legally separated nor divorced. For 6 months I was not allowed to see my children except by chance. On the 7th month we worked out a scheduled visitation, which lasted for a month. On the 8th month I was not allowed to see them again. On the 9,10,11 month's I stopped paying inorder to pay for a lawyer. She feel she is owed that in one lump sum. Is she legally?
2 Answers from Attorneys
Re: Back Child support, no legal separation or divorce
In the absence of an order requiring you to pay support, your spouse is not entitled to collect arrears.
Should you wish representation in connection with your matrimonial action, please feel free to contact me.
Daniel Clement
Re: Back Child support, no legal separation or divorce
This is a difficult situation for you. It must be very hard for you to have paid support and still be denied access to your children.
You have done the right thing in seeking legal help. Your lawyer will tell you that, in the absence of a court order to pay support, your wife will find it difficult to collect the back-support. You are in good shape there.
Your lawyer will make sure that your divorce order will include visitation rights, but, in my experience, this will be an ongoing problem for you. Unfortunate, but be careful about getting EVERYTHING regarding visitation written down.
You are welcome to a consultation at no fee at my offices at 42 west 44th st., NY,NY. Please call for an appointment first. (646) 591-5786