Legal Question in Family Law in New York

harrassment by non-custodial parent/no child support

November,02 wife agreed joint c for 2 children,7/9 residing with me.In exchange I agreed to material demands. She has visitation alternate w/ends/plus 2 w/day evenings.When we signed stipulation,I explained lets work to foster healthy environment for kids.After 2 months-Feb 03 stopped picking kids from school on visitation days to make me spend more on childcare.husband threatened me 2ce, refuses to let me speak with kids when they visit.She was working for cash,paid no child support,except for $25 as stipulated, which stopped last 2 months. She brainwashes kids against me and my parents, as 3 of us spent more time with kids while she socialized She is now remarried/spends big money on kids clothes toys entertainment buying their affection while I work 6 days. She has remarried same man, and is probably fearing getting an SS no.is going to make liable for child support.recently husband getting close to kids-very unlike, she started taking kids for checkups to my doctor/dentist last 2 weeks This is strategy-sheisasking kids if they will staywith her.kids are going to her for 30 days and I fear she is going to unjustly reopen custody issue. children are gullible/confused-what should I do?


Asked on 6/29/03, 1:24 am

1 Answer from Attorneys
Seth Kaufman Seth M. Kaufman

Re: harrassment by non-custodial parent/no child support

She may well be positioning to modify the custody order. If you have been doing your best - spending as much time as possible with them, encouraging their relationship with their mother, enforcing her support obligations and keeping good records of the mother's violations and other failures, you will be prepared to defend your custody. You mention that she recently maried the same man - please elaborate on that history. Also, you may want to consider petitioning to modify the support order to reflect her unreported income. Even though such an upward modification is unlikely, it may help put her petition for custody in context. If you wish to discuss this further, I can explain more - please call me at 212-367-9167 for a free consultation. Good luck,

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Answered on 6/29/03, 9:59 am


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