Legal Question in Family Law in New York

child support/visitation

I have been divorced for 9 years and have raise my daughter alone. She is 13 now. My ex-husband hardly ever spends time with her and has been paying the same child support for past 9 years, since this is what we agreed on in court. He is supposed to take her 2 weeks a year on vacation as part of a standard divorce agreement. In the 9 years of being legally divorced he has taken her on vacation for a total of less than 2 weeks. Since 2 weeks is half a month's child support, may I sue him for the total of 4 months of child support ( 8 years , 2 weeks each)?


Asked on 9/23/07, 2:11 pm

1 Answer from Attorneys
Michael Markowitz Michael A. Markowitz, PC

Re: child support/visitation

No. Child support and visitation are separate issues.

However, you can petition the family court for an increase in child support since it has been 9 years.

Mike.

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Answered on 9/24/07, 8:08 am


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