Legal Question in Family Law in New York
Desperately Needing Peace of Mind
What rights does the present wife have in regards to an ex- who feels that she can manipulate the court system using her children, to cause havoc in my home? My husband is paying an excessive amount of child support which was calculated on overtime that he did prior to the divorce and him having a new family. I have been told by several lawyers that a downward modification is not likely just because he has 2 kids with me. I have accepted this and now have do another full-time job just to meet our exoenses. My husband babysit our 2 babies so I could work. As it stand I am working 7 days a week, 830am-430pm Monday-Friday and 700pm-700am Friday-Sunday. He also works 700pm-700am Friday,Saturday and Monday. This woman has gone to the court stating that my husband has not been visiting their kids on a regular basis. How can he when we are struggling to pay her the $1850/month child support? It is clearly stated in the divorce stipulation that he sees them when he can and it should not be held against him. She now has picked it up on herself to have her boyfriend drop the kids off on my door-step. I have 4 kids of my own in my house that I have to juggle in order to get some rest.HELP ME.
1 Answer from Attorneys
Re: Desperately Needing Peace of Mind
If there has been a substanial reduction in your husband's wage income, (upon which his child support payment is based), a Petition for downward modification of his child support obligation, should be successful.
However, the Court may deny, if the wage reduction is determined to have been a "voluntary" reduction, or change in employment status, by your husband, that was "unreasonable;" or substanially and effectively deprives [his] prior born children their entitlement, to live in the style to which they were accustomed, during the marriage.
Child Vistation and Contact, for a NON Custodial parent is a Right, (that may not be waived by non use). IT IS NOT an Obligation.
Therefore, Neither the Court, an EX, or a custodial parent, can legally "impose" child visitation or contact upon the non custodial parent.
Thus, the "Dropping children off", habit, w/o prior discussion or approval, or in the way you describe, is a form of child abuse, that should be stopped immediately; by Court Order, if necessary.
Good luck,
Phroska L. McAlister,ESQ
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