Legal Question in Family Law in New York

child support case

My two children have livesd with me since my wife and I broke up about two years ago. Our custody agreement states that we each have them 2 weeks of the month. She has not kept up with that agreement since the first day it was established, and rarely visited them for the year that I had them by myself before the order. She petitioned for support for the 2 weeks that she was suposed to have them(even though she does not take them for even 1 of those weeks). She knew she did not have a chance of getting support because our potential for income is about the same and I have the kids most of the time, so she lied to me and told me she had rescheduled court when she had not in order to get a default order. I have them at least 20 days per month. Even their teachers at school know that. And untill one of their teachers called her about them never taking the bus there recently, they stayed at my home every day.After that she made them ride the bus there and I picked them up at her house. I owe back support at this point, petitioned to modify the order and have court this friday(I cannot afford a lawyer) What points should I argue in court and is there any way of getting the back support excused since they were with me anyway?


Asked on 4/01/08, 11:00 am

1 Answer from Attorneys
Tracey Bloodsaw Law Office of Tracey A. Bloodsaw

Re: child support case

You basically summed it up yourself. The amount of time the kids spend with you is a very good reason. However, vacating the default is another issue and that requires a very good reason for not showing up.

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Answered on 4/03/08, 11:59 am


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