Legal Question in Family Law in New York
Child Support
My ex-wife moves to Israel from 1998. Last month when
she was in New York, she took me to court to increase
child support, that I pay now. She gave address of her
parents in Long Island. Does she has right to do it ?
My sister in Israel takes care of my son. My ex-wife takes
him only for Saturday. Should I still pay money to
my ex-wife ?
My daugher is 19 years old. She lives in Florida. Should
I pay child support for her also ?
4 Answers from Attorneys
Re: Child Support
There appear to be serious irregularities in your particular child support / custody / visitation situation. These can only be properly addressed with full knowledge of the facts.
Suggest you consult with an experienced Family Law attorney, such as myself, for advice on how to proceed and how to defend yourself against her petition for an increase in child support.
If you wish to discuss this privately, please call me to schedule a confidential consultation.
I practice in NYC and Long Island.
Re: Child Support
You need to provide more information in order to get useful advice. I suggest you consult an attorney about your obligations as soon as possible.
Re: Child Support
You must let the court know that your ex-wife has deprived you of visitation with your son by moving the child to Israel. If, in fact, your son is being cared for by your sister and your ex-wife only visits on Saturday, then you should be able to demonstrate to the court that you can be a better custodian for your son. Piecing together the necessary evidence to demonstrate that you would be the better custodian is a job for an experienced attorney. If your daughter is not going to school and is now self-supporting, then you should not be paying child support. However, if your daughter is in school and that is the reason why she is living in Florida, then you may have to pay child support. Other circumstances may also be involved, so an absolute answer cannot be provided. For general information on a variety of legal subjects, please go to www.VeneziaLawFirm.com
Re: Child Support
You are well-rid of this woman! I think the word to describe her request for increased child support is "chutzpa".
She is not entitled to child support for a child who lives in Florida if your wife lives in Israel. The fact that the daughter resides with your sister on those rare occasions when she is in Israel supprts that conclusion.
Who is paying for the child's tuition and room/board? how many days is the child in Israel?
Most importantly: the money you pay for support should go to supporting the child. if it is going elsewhere (support for ex-wife) then there are problems on that point.
Your ex-wife's action is improper and you may seek relief from a court. A court may order a cessation of all support payments or order your ex-wife to pay support to you/your sister.
You are welcome to a consultation for no fee at my offices at 42 West 44th Street, NY,NY. Please call (646) 591-5786 for an appointment first.