Legal Question in Family Law in New York
Child Support
when i got divorced i agreed to pay $65 per child per week, and $600 by yrl. for my ex wife for my two girls. when signing the agreement i was misguided, and they also didn't include her income(section 8, food stamps, and her income). a few years have passed and she hardly used the money i gave her towards the kids. the kids clothing are mostly hand me downs, and most of the things that she does buy them, do not fit them appropriately.
i got married around 2 yrs ago, and i my living expenses went up oviously. i had already burrowed $10,000 before my wedding to be able to pay her. i had to use my wifes income to make ends meet. at that time i could only afford a 2 bedroom apt. the problem was that my wife has a son from a previous marriage that lives with us, and my kids(that come every second weekend). the kids had to cram into 1 room because the rent is so expensiv. as my girls got bigger, i needed a bigger apt. so i bought a house. all the bills are going up due to high gas price, and wife lost her job and gets paid less on her new job, i simply cannot make ends meet if i have to give her the full payment i agreed to pay. i would like to know what the law is regarding visitation, since i owe her money.
2 Answers from Attorneys
Re: Child Support
You can not be denied visitation for not paying child support.
Re: Child Support
A custodial parent (or Court) usually MAY NOT limit, restrict or change the terms of CHILD Visitation, [merely] due failure to pay child support or arrears.
Payment of Child Support and Arrears IS a continuing obligation of a non custodial parent; and delinquency or nonpayment of same, especially without good cause, can incurr severe penalties, including jail.
However, although Visitation issues may "influence" the child support set, today's Courts consider Visitation Rights (of both non custodial parent and child) as distinctly Separate and a part from Child Support Obligations.
If you are or were unable to pay child support ordered, due to a substanial change in financial circumstance, you have and had an obligation to file a "Petition for Downward Modification" of child support, BEFORE accumulation of Arrears.
Good luck,
As a result,
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