Legal Question in Family Law in New York
child support and visitation
If a recipent of child support (custodial parent) breaks visitation or refuses visitation to non-custodial parent (who is paying child support and child care) can non-custodial parent with hold payments (putting into a fund) until court can decide case?
3 Answers from Attorneys
Re: child support and visitation
No, the court frowns upon self-help. These are really two different cases.
Often, an experienced Family Law attorney would probably get the visitation case moving more quickly than you would on your own.
For more information, please see my web site:
www.BravermanLawFirm.com
Re: child support and visitation
In a word, no.
Until there is a determination by the court
that you do not have an obligation to pay
you must pay or risk arrears and contempt of
court
The sooner you file to have the custodial
parent held in contempt, the sooner the Court
will have a date when it can absolve you of
the obligation to pay
However, most courts will not utilize the
elimination of child support as a means of
correcting visitation denials. This is
held for only the most aggravating cases
Hire a lawyer immediately
Re: child support and visitation
The answer is no. Just because the other parent denies visitation, you cannot stop paying child support. If child support payments stop, you will open yourself up to being held in contempt of court, and if the situation goes on long enough, having your wages garnished.
Even if the court denies you vistation, this does not mean your duty to pay child support would end. In New York, child support is based on biological relation and salary. That is it.
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