Legal Question in Family Law in New York
child removed from custodial parents household
I have been divorced for 2 years and share custody of my teenage son with his mother. The terms of our agreement are
that I pay CS and half of all other necessary expenses. In return, I have liberal visitation, access to all school, medical and all pertinent information and decisions regarding the well being of my son. I also have the right to claim my son on my yearly tax filings until he is of age. Last month I received a notice from the IRS stating that my son's SS number was already in the system for the last filing year, which spurred me on to review the terms of my divorce agreement. What I found, was that I am overpaying the agreed upon amount by $37 per week. Do I have any chance of recouping any of that money? Also, my son was arrested twice for vandalism (I was never informed) and that combined with severe behavioral (despite therapy)problems in school, has been removed (by NYS) from his mothers home and been sent to a facility out of state. Again, without my consent or input. Can I file for a downward motion for CS given the fact that my son does not reside in the custodial parents home and she is not paying any of the expenses for his care or upkeep? Is this a civil matter (breach of contract), family court, or both?
2 Answers from Attorneys
Re: child removed from custodial parents household
You may not be able to recoup CS overpayment; but you may be able to Petition for termination of CS payments to the mother.
Suggest: that you do nothing until you acquire ALL THE FACTS and circumstances re your son. To wit: how long will he be out of state. whether he can live with you, should he. program he's in; and what you might be required to pay to them, if you obtain CS termination to mother.
Obviously, you have missed a lot. And, your son probably had a great need for you and your direct, and regular input in his life. You might use this as an opportunity to refresh your relationship with him and help to give him a chance to recover "his" life and future.
Good luck,
Phroska L. McAlister,ESQ
Re: child removed from custodial parents household
This is a difficult situation. The most important thing, of course, is the welfare of your son.
Regarding your question, it is easy to terminate the cs while your son is residing elsewhere. The larger question is: would he be better off living with you?
It is a serious question why your ex did not keep you more fully informed. She neglected her duty there.
You are welcome to a consultation for no fee.
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