Legal Question in Family Law in New York
child support
I am a divorced mother of 2 teenage daughters with sole custody of them. I recently had to go overseas on business and wished that the girls remain with my brother and sister in law in my house. My ex-husband fought that and kept the girls against their will in his custody until my return. No modification of custody was sought, and no temporary relief of support was applied for.
My ex-husband is refusing to pay the child support for the 4 month absence which includes two months of the summer when they were in summer camp as per usual, 2 weeks of jewish holidays that they would have celebrated this year in his house as per the custody agreement. He claims he does not need to pay the child support because he paid for them in my absence. My argument is that I had to keep up the house and phones etc for their return.
Can I sue for his lack of payments and would I likely succeed.
1 Answer from Attorneys
Re: child support
Yes, the Court will, more than likely, find him liable for the arrears pursuant the order for support. If he was not on welfare or otherwise incapacitated, he does not have an recognizable excuse for failure to pay, per the Child Support Court Order. The Court can also order garnishment and direct payment to you from his wage income (the recommended way for regular employees); or garnishment and direct payment to the Child Support Collection Unit, (a private company and Agent) of the Family Court.
It is understandable that you are annoyed by your Ex's attitude. However, you must carefully weight your cost in time and money, as well as the aggravation of taking him to court, against 4 months arrears.
But, if you really want to get even with him for his foolishness.... for now, IGNORE HIM and his pitifull display. Clearly, his posturing is designed to make him appear more important than he feels, especially in comparison to you, professionally and in regards to the children.
Of course if he persists in "shorting you" on the child support, you will be compelled to take him court for the arrears and wage garnishment.
Please note, you can collect arrears even after a child turns 21, if a valid court judgment of support was entered and there remains unpaid money, under that judgment.
GOOD LUCK.
PHROSKA L. McALISTER, ESQ
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