Legal Question in Family Law in New York
Child Support and Visitation
My husband has 2 children with a lady in NY. He has been paying child support for the last 5 years, they never married, never went to court for child support, he gives her over $3,000.00 every month, way over what is requested by law. He also pays for her car and the insurance. Now the he is married to me (5 mos), this lady refuses to pick up the phone when he calls and has been talking to the kids about her father and now the kids don't even want to talk/write to him. Last month she had a car accident and was demanding money from my husband to pay the deductible, now please note that amount that he sends her every month and also note that she does not pay rent, and my husband has medical insurance for them. My husband now wants to just pay off the car and change the title to her name and have her get her own insurance policy, and I think he is right to do this. He wants to know if he can claim the car/insurance payments as part of the child support? and also, what can we do to get the kids to communicate with him? We are both working in Iraq, and only get to go home every 4 months for 10 days, and I know the fact of not being able to talk/see the kids is hurting him so much.
HELP ME to HELP HIM....
1 Answer from Attorneys
Re: Child Support and Visitation
Child support payments are not deductible for income tax purposes. So, attempting to claim insurance premium payments as "child support, would not only, NOT be appropriate; but would be pointless, even if he could.
Your husband may, of course, transfer and record title, of the auto, or any property, he may own in his name, into his Ex's name.
However, he should consult with his accountant in advance, to access the tax ramifications, if any; and with his attorney, before making any change, to the current support or payment arrangements.
If possible, your Ex should also expect to prepay, the auto insurance (as before, among other things) "for his Ex" BUT, in his Ex's name, for a year, after Title change, in order to give hER time to adjust.
It is also adviseable for your husband to formalize his child support, contact and visitation arrangements, whether by written Stipulation or Agreement; or if necessary by Court Order/s, which your husband may obtain, by filing of Child Support and Visitation Petitions.
Most importantly, YOU, should stay out of the mix.
Good luck,
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
