Legal Question in Family Law in New York
CPS and Change of Custody
Under current divorce agreement - shared custody of 15 year old daughter - with primary custody belonging to my ex-wife. Regular child support payments alays made on time, by me.
Ex-wife's current husband assaulted 15 year old daughter and Child Protective Services was contacted to be involved. Ex-wife wants to ammend custody to me as primary custodian. 15 year old daughter now is living with me.
Ex-wife cannot or will not pay child support.
How do I ensure that my current payments of child support are legally absolved, custody of 15 year old daughter is granted and child support from ex-wife is granted? If ex-wife cannot pay child support - what is my legal recourse?
1 Answer from Attorneys
Change of Custody and support
As you have a court ordered seperation agreement requiring support you must go to court (Supreme or Family) to modify it. Any agreement that you reach with your wife will not stop the payments from being owed. Only a court order can change that.
As your daughter is living with you that would be the basis for the change.
Any change in custody should be in writing with your wife and confirmed by the court.
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